WSR 97-12-027

PROPOSED RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[Filed May 30, 1997, 10:48 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-08-079.

Title of Rule: Applications, plans, and matching resources--Deadlines; income; discrimination, preferences.

Purpose: (1) To clarify the time period allowed for project agreement execution. (2) To consider adoption of one of two options regarding how income gained in an IAC grant-assisted area may be used: (a) Rewrite current WAC to improve clarity, but make no substantive change or (b) rewrite current WAC to improve clarity and allow such income to offset sponsor matching shares and be used for operation and maintenance of any unit in the sponsor's system. (3) To limit a sponsor in restricting users of IAC grant-assisted projects on the basis of residence (preferential reservations, permits, fees, etc.).

Other Identifying Information: WAC 286-13-040, 286-13-110, and 286-13-115.

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 above.

Summary: (1) Add text that requires applicants to execute and return the project agreement to IAC within three months. (2) Adopt one of two options regarding use of income gained in an IAC grant-assisted area: (a) Improve clarity or (b) improve clarity and allow such income to offset sponsor matching shares and be used for operation and maintenance of any unit in the sponsor's system. (3) Limit a sponsor in restricting users of IAC grant-assisted projects on the basis of residence.

Reasons Supporting Proposal: See Purpose above.

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.

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

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

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule changes are directed at IAC'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: Yakima Area Arboretum and Botanical Garden, Garden View Room, 1401 Arboretum Drive, Yakima, WA, on July 18, 1997, 9:15 a.m. - public comments; and 2:15 p.m. - executive session, adoption consideration.

Assistance for Persons with Disabilities: Contact Greg Lovelady by July 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, e-mail gregl@iac.wa.gov, FAX (360) 902-3026, by July 14, 1997.

Date of Intended Adoption: July 18, 1997.

May 9, 1997

Greg Lovelady

Rules Coordinator

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

WAC 286-13-040 Deadlines--Applications, plans, and matching resources((--Deadlines)). (1) Applications. To allow time for review, all applications must be submitted at least four calendar months prior to the funding meeting at which the applicant's project is first considered. Applications must be completed in final form and on file with the committee at least one calendar month before this meeting.

(2) Plans. For purposes of project evaluation, all nonhighway and off-road vehicle program, park, recreation, or habitat plans required for participation in committee grant programs must be complete and on file with the committee at least three calendar months before the funding meeting 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 five years.

(3) Matches. To allow time for development of 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 at least one calendar month before the meeting at which the project is to be considered for funding.

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

(5) Waivers. Compliance with these deadlines is required for eligibility unless a waiver is granted by the director. Such waivers are considered based on several factors which may include:

(a) When the applicant started the application/planning process;

(b) What progress has been made;

(c) When final plan adoption will occur;

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

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

(f) Equity to other applicants; and

(g) Such other information as may be relevant.

[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, 286-13-040, 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, 286-13-040, filed 8/17/94, effective 9/17/94.]

OPTION A

AMENDATORY SECTION (Amending WSR 97-08-003, filed 3/20/97, effective 4/20/97)

WAC 286-13-110 Fees, fee use, and commercial income. (1) Income.

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

(b) Commerce. Commercial activity performed or authorized by a project sponsor on a committee assisted site or facility must directly relate to the recreational or habitat conservation function of the site or facility.

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

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

(ii) Value of any opportunity(ies) furnished; and ((are within the))

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

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).

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

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

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

(c) The expense of operation and maintenance of the facility ((funded in whole or in part)) or program assisted by the committee grant((s or for accrual of)); and/or

(d) Capital expenses 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. 97-08-003, 286-13-110, filed 3/20/97, effective 4/20/97. 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.]

OPTION B

AMENDATORY SECTION (Amending WSR 97-08-003, filed 3/20/97, effective 4/20/97)

WAC 286-13-110 Income, income use. (1) Income.

(a) Compatible source. The source of any income generated in a committee assisted project or project area must be compatible with the element(s) defined in the project agreement. The way the project or project area is defined varies with the source of funds provided by the committee. 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 (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 boundary described in chapter 660.2.6.A. ("project area") of the L&WCF Grants-in-Aid Manual.

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

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

(ii) Value of any opportunity(ies) furnished; and ((are within the))

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

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).

(2) Income use. Regardless of whether income or fees in a committee assisted 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 law((,)) the revenue ((from such fees)) may only be used to offset:

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

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

(c) The expense of operation and maintenance of the facility ((funded in whole or in part)) or program assisted by the committee grant((s or for accrual of)); and/or

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

(e) Capital expenses 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. 97-08-003, 286-13-110, filed 3/20/97, effective 4/20/97. 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 286-13-115 Discrimination, preferences. (1) Sponsors shall not discriminate against users of ((committee funded)) projects assisted with committee funds on the basis of race, creed, color, sex, religion, national origin, disability, marital status, or sexual orientation.

(2) Sponsors ((may)) shall not express a preference for users of committee ((funded)) grant assisted projects on the basis of residence, including preferential reservation, membership, and/or permit systems, except that reasonable differences in admission and other fees may be maintained on the basis of residence. ((Differential)) Fees for ((use by)) nonresidents ((may be charged but)) 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.