title: RCW 79A.15.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.
(2) "Board" means the recreation and conservation funding board.
(3) "Confer" means a dialogue between project sponsors and local county and city officials with the purpose of early review of potential projects. The dialogue may include any matter relevant to a particular project, which may include but need not be limited to: Project purpose and scope; project elements; estimated project cost; costs and benefits to the community; plans for project management and maintenance; and public access.
(4) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species.
(5) "Farmlands" means any land defined as: (a) "Farm and agricultural land" in RCW 84.34.020(2); and (b) "farm and agricultural conservation land" in RCW 84.34.020(8).
(6) "Forestlands" means any land defined as "timberland" in RCW 84.34.020(3).
(7) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.
(8) "Multiple benefits" means recreational uses that are compatible with habitat conservation or resources uses or management practices that are compatible with and provide the ability to achieve additional conservation benefits.
(9) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value.
(10) "Nonprofit nature conservancies" means organizations as defined in RCW 84.34.250.
(11) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(12) "Special needs populations" means physically restricted people or people of limited means.
(13) "State agencies" means the state parks and recreation commission, the department of natural resources, the department of enterprise services, and the department of fish and wildlife.
(14) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians.
(15) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area.
(16) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.
[ 2016 c 149 s 2; 2015 c 225 s 126; 2009 c 341 s 1; 2007 c 241 s 26; 2005 c 303 s 1; 1990 1st ex.s. c 14 s 2. Formerly RCW 43.98A.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2016 c 149: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2016]." [ 2016 c 149 s 12.]
Intent—2016 c 149: "In section 3163, chapter 3, Laws of 2015 3rd sp. sess., the legislature directed the recreation and conservation office to review and make recommendations for changes to the Washington wildlife and recreation program. The recreation and conservation office conducted the review and this act details the proposed recommendations for statutory revisions to chapter 79A.15 RCW that will promote habitat conservation, outdoor recreation, working lands preservation, property rights, coordination between the state and local governments, and ensure continued success of the program for future generations." [ 2016 c 149 s 1.]
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: "Sections 1 through 14 of this act take effect July 1, 2007." [ 2005 c 303 s 17.]

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 79A.15.020

text:
The habitat conservation account is established in the state treasury. The board shall administer the account in accordance with chapter 79A.25 RCW and this chapter, and shall hold it separate and apart from all other money, funds, and accounts of the board.
[ 2007 c 241 s 27; 2000 c 11 s 65; 1990 1st ex.s. c 14 s 3. Formerly RCW 43.98A.020.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Habitat conservation account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79A.15.030

text:
(1) Moneys appropriated prior to July 1, 2016, for this chapter shall be divided as follows:
(a) Appropriations for a biennium of forty million dollars or less must be allocated equally between the habitat conservation account and the outdoor recreation account.
(b) If appropriations for a biennium total more than forty million dollars, the money must be allocated as follows: (i) Twenty million dollars to the habitat conservation account and twenty million dollars to the outdoor recreation account; (ii) any amount over forty million dollars up to fifty million dollars shall be allocated as follows: (A) Ten percent to the habitat conservation account; (B) ten percent to the outdoor recreation account; (C) forty percent to the riparian protection account; and (D) forty percent to the farmlands preservation account; and (iii) any amounts over fifty million dollars must be allocated as follows: (A) Thirty percent to the habitat conservation account; (B) thirty percent to the outdoor recreation account; (C) thirty percent to the riparian protection account; and (D) ten percent to the farmlands preservation account.
(2) Beginning July 1, 2016, moneys appropriated for this chapter must be allocated as follows: (a) Forty-five percent to the habitat conservation account; (b) forty-five percent to the outdoor recreation account; and (c) ten percent to the farm and forest account.
(3) Moneys deposited in these accounts shall be invested as authorized for other state funds, and any earnings on them shall be credited to the respective account.
(4) All moneys deposited in the habitat conservation, outdoor recreation, and farm and forest accounts shall be allocated as provided under RCW 79A.15.040, 79A.15.050, and 79A.15.130 as grants to state or local agencies or nonprofit nature conservancies for acquisition, development, and renovation within the jurisdiction of those agencies, subject to legislative appropriation. The board may use or permit the use of any funds appropriated for this chapter as matching funds where federal, local, or other funds are made available for projects within the purposes of this chapter. Moneys appropriated to these accounts that are not obligated to a specific project may be used to fund projects from lists of alternate projects from the same account in biennia succeeding the biennium in which the moneys were originally appropriated.
(5) Projects receiving grants for development, recreational access, or fee simple acquisition of land under this chapter must be accessible for public recreation and outdoor education unless the board specifically approves limiting public access in order to protect sensitive species, water quality, or public safety.
(6) The board may make grants to an eligible project from the habitat conservation, outdoor recreation, and farm and forest accounts and any one or more of the applicable categories under such accounts described in RCW 79A.15.040, 79A.15.050, and 79A.15.130.
(7) The board may accept private donations to the habitat conservation account, the outdoor recreation account, and the farm and forest account for the purposes specified in this chapter.
(8) The board may retain a portion of the funds appropriated for this chapter for its office for the administration of the programs and purposes specified in this chapter. The portion of the funds retained for administration may not exceed: (a) The actual administration costs averaged over the previous five biennia as a percentage of the legislature's new appropriation for this chapter; or (b) the amount specified in the appropriation, if any. Each biennium the percentage specified under (a) of this subsection must be approved by the office of financial management and submitted along with the prioritized lists of projects to be funded in RCW 79A.15.060, 79A.15.070, and 79A.15.130.
(9) Habitat and recreation land and facilities acquired or developed with moneys appropriated for this chapter may not, without prior approval of the board, be converted to a use other than that for which funds were originally approved. The board shall adopt rules and procedures governing the approval of such a conversion.
[ 2016 c 149 s 3; 2015 c 183 s 1; 2009 c 341 s 2; 2007 c 241 s 28; 2005 c 303 s 2; 2000 c 11 s 66; 1990 1st ex.s. c 14 s 4. Formerly RCW 43.98A.030.]
Notes:
Application—2016 c 149 ss 3, 4, 5, and 10: "The allocations in sections 3, 4, and 5 of this act apply to the prioritized list of all projects submitted by November 1, 2016. The eligibility provisions in sections 4 and 5 of this act for nonprofit nature conservancies, as defined in RCW 84.34.250, and eligibility provisions in section 10 of this act are effective for projects submitted in 2016. The recreation and conservation funding board shall provide a prioritized list of projects to be funded under RCW 79A.15.130(2)(b) by November 1, 2017. All other provisions of this act apply to subsequent grant cycles." [ 2016 c 149 s 11.]
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.
Outdoor recreation account: Chapter 79A.25 RCW.

catchline: Allocation and use of moneys—Grants.


title: RCW 79A.15.040

text:
(1) Moneys appropriated for this chapter prior to July 1, 2016, to the habitat conservation account shall be distributed in the following way:
(a) Not less than forty percent through June 30, 2011, at which time the amount shall become forty-five percent, for the acquisition and development of critical habitat;
(b) Not less than thirty percent for the acquisition and development of natural areas;
(c) Not less than twenty percent for the acquisition and development of urban wildlife habitat; and
(d) Not less than ten percent through June 30, 2011, at which time the amount shall become five percent, shall be used by the board to fund restoration and enhancement projects on state lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on existing habitat and natural area lands.
(2) Moneys appropriated beginning July 1, 2016, for this chapter to the habitat conservation account shall be distributed in the following way:
(a) Not less than thirty-five percent for the acquisition and development of critical habitat;
(b) Not less than twenty-five percent for the acquisition and development of natural areas;
(c) Not less than fifteen percent for the acquisition or enhancement or restoration of riparian habitat;
(d) Not less than fifteen percent for the acquisition and development of urban wildlife habitat; and
(e) Not less than ten percent or three million dollars, whichever is less, for the board to fund restoration and enhancement projects on state lands. Any amount above three million dollars must be distributed for the purposes of (c) of this subsection.
(3)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for critical habitat, natural areas, riparian protection, and urban wildlife habitat, and is not required to meet the percentages described in subsections (1) and (2) of this section in any one biennium.
(b) If not enough project applications are submitted in a category within the habitat conservation account to meet the percentages described in subsections (1) and (2) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
(4) State agencies and nonprofit nature conservancies may apply for acquisition and development funds for natural areas projects under subsection (1)(b) of this section.
(5) State and local agencies and nonprofit nature conservancies may apply for acquisition and development funds for critical habitat, urban wildlife habitat, and riparian protection projects under this section. Other state agencies not defined in RCW 79A.15.010, such as the department of transportation and the department of corrections, may enter into interagency agreements with state agencies to apply in partnership for riparian protection funds under this section.
(6) The department of natural resources, the department of fish and wildlife, and the state parks and recreation commission may apply for restoration and enhancement funds to be used on existing state-owned lands.
(7)(a) Any lands that have been acquired with grants under this section by the department of fish and wildlife are subject to an amount in lieu of real property taxes and an additional amount for control of noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this section by the department of natural resources are subject to payments in the amounts required under the provisions of RCW 79.70.130 and 79.71.130.
(8) Except as otherwise conditioned by RCW 79A.15.140 or 79A.15.150, the board in its evaluating process shall consider the following in determining distribution priority:
(a) Whether the entity applying for funding is a Puget Sound partner, as defined in RCW 90.71.010;
(b) Effective one calendar year following the development and statewide availability of urban forestry management plans and ordinances under RCW 76.15.090, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community designation program created in RCW 76.15.090; and
(c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
(9) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
[ 2021 c 209 s 19; 2016 c 149 s 4; 2008 c 299 s 29. Prior: 2007 c 341 s 34; 2007 c 241 s 29; 2005 c 303 s 3; 1999 c 379 s 917; 1997 c 235 s 718; 1990 1st ex.s. c 14 s 5. Formerly RCW 43.98A.040.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Application—2016 c 149 ss 3, 4, 5, and 10: See note following RCW 79A.15.030.
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Short title—2008 c 299: See note following RCW 76.15.020.
Effective date—2007 c 341: See RCW 90.71.907.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.
Effective date—1999 c 379: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 18, 1999]." [ 1999 c 379 s 949.]
Severability—1997 c 235: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 235 s 901.]
Effective date—1997 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 1997]." [ 1997 c 235 s 902.]

catchline: Habitat conservation account—Distribution and use of moneys.


title: RCW 79A.15.050

text:
(1) Moneys appropriated prior to July 1, 2016, for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than thirty percent to the state parks and recreation commission for the acquisition and development of state parks, with at least fifty percent of the money for acquisition costs;
(b) Not less than thirty percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs;
(c) Not less than twenty percent for the acquisition, renovation, or development of trails;
(d) Not less than fifteen percent for the acquisition, renovation, or development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
(e) Not less than five percent for development and renovation projects on state recreation lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on their existing recreation lands.
(2) Moneys appropriated beginning July 1, 2016, for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than thirty percent to the state parks and recreation commission for the acquisition and development of state parks, with at least forty percent but no more than fifty percent of the money for acquisition costs;
(b) Not less than thirty percent for the acquisition, development, and renovation of local parks, with at least forty percent but no more than fifty percent of this money for acquisition costs;
(c) Not less than twenty percent for the acquisition, renovation, or development of trails;
(d) Not less than ten percent for the acquisition, renovation, or development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
(e) Not less than ten percent or three million dollars, whichever is less, for development and renovation projects on state recreation lands. Any amount above three million dollars must be distributed for the purposes of (d) of this subsection.
(3)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsections (1) and (2) of this section in any one biennium.
(b) If not enough project applications are submitted in a category within the outdoor recreation account to meet the percentages described in subsections (1) and (2) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
(4) Only the state parks and recreation commission may apply for acquisition and development funds for state parks under subsections (1)(a) and (2)(a) of this section.
(5) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsections (1)(b) and (2)(b) of this section.
(6) Only state and local agencies may apply for funds for trails under subsections (1)(c) and (2)(c) of this section.
(7) Only state and local agencies may apply for funds for water access sites under subsections (1)(d) and (2)(d) of this section.
(8) Only the department of natural resources and the department of fish and wildlife may apply for funds for development and renovation projects on existing state recreation lands under subsections (1)(e) and (2)(e) of this section.
[ 2016 c 149 s 5; 2007 c 241 s 30; 2005 c 303 s 4; 2003 c 184 s 1; 1999 c 379 s 941; 1999 c 379 s 920; 1990 1st ex.s. c 14 s 6. Formerly RCW 43.98A.050.]
Notes:
Application—2016 c 149 ss 3, 4, 5, and 10: See note following RCW 79A.15.030.
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.
Effective date—1999 c 379: See note following RCW 79A.15.040.

catchline: Outdoor recreation account—Distribution and use of moneys.


title: RCW 79A.15.060

text:
(1) The board may adopt rules establishing acquisition policies and priorities for distributions from the habitat conservation account.
(2) Except as provided in RCW 79A.15.030(8), moneys appropriated for this chapter may not be used by the board to fund staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition, including, but not limited to, surveying expenses, fencing, noxious weed control, and signing.
(4) The board may not approve a local project where the local agency share is less than the amount to be awarded from the habitat conservation account.
(5) In determining acquisition priorities with respect to the habitat conservation account, the board shall consider, at a minimum, the following criteria:
(a) For critical habitat and natural areas proposals:
(i) Multiple benefits for the project;
(ii) Whether, and the extent to which, a conservation easement can be used to meet the purposes for the project;
(iii) Community support for the project based on input from, but not limited to, local citizens, local organizations, and local elected officials;
(iv) The project proposal's ongoing stewardship program that includes estimated costs of maintaining and operating the project including, but not limited to, control of noxious weeds and detrimental invasive species, and that identifies the source of the funds from which the stewardship program will be funded;
(v) Recommendations as part of a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort, and for projects primarily intended to benefit salmon, limiting factors, or critical pathways analysis;
(vi) Immediacy of threat to the site;
(vii) Uniqueness of the site;
(viii) Diversity of species using the site;
(ix) Quality of the habitat;
(x) Long-term viability of the site;
(xi) Presence of endangered, threatened, or sensitive species;
(xii) Enhancement of existing public property;
(xiii) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130;
(xiv) Educational and scientific value of the site;
(xv) Integration with recovery efforts for endangered, threatened, or sensitive species;
(xvi) The statewide significance of the site;
(xvii) Habitat benefits for the feeding, nesting, and reproduction of all pollinators, including honey bees.
(b) For urban wildlife habitat proposals, in addition to the criteria of (a) of this subsection:
(i) Population of, and distance from, the nearest urban area;
(ii) Proximity to other wildlife habitat;
(iii) Potential for public use; and
(iv) Potential for use by special needs populations.
(c) For riparian protection proposals, the board must consider, at a minimum, the following criteria:
(i) Whether the project continues the conservation reserve enhancement program. Applications that extend the duration of leases of riparian areas that are currently enrolled in the conservation reserve enhancement program are eligible. These applications are eligible for a conservation lease extension of at least twenty-five years of duration;
(ii) Whether the projects are identified or recommended in a watershed plan, salmon recovery plan, or other local plans, such as habitat conservation plans, and these must be highly considered in the process;
(iii) Whether there is community support for the project;
(iv) Whether the proposal includes an ongoing stewardship program that includes control of noxious weeds, detrimental invasive species, and that identifies the source of the funds from which the stewardship program will be funded;
(v) Whether there is an immediate threat to the site;
(vi) Whether the quality of the habitat is improved or, for projects including restoration or enhancement, the potential for restoring quality habitat including linkage of the site to other high quality habitat;
(vii) Whether the project is consistent with a local land use plan or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(viii) Whether the site has educational or scientific value;
(ix) Whether the site has passive recreational values for walking trails, wildlife viewing, the observation of natural settings, or other multiple benefits; and
(x) Whether the project provides habitat benefits for the feeding, nesting, and reproduction of all pollinators, including honey bees.
(d) Moneys appropriated for this chapter to riparian protection projects must be distributed for the acquisition or enhancement or restoration of riparian habitat. All enhancement or restoration projects, except those qualifying under (c)(i) of this subsection, must include the acquisition of a real property interest in order to be eligible.
(6) Before November 1st of each even-numbered year, the board shall recommend to the governor a prioritized list of all projects to be funded under RCW 79A.15.040. The governor may remove projects from the list recommended by the board and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
[ 2019 c 353 s 12; 2016 c 149 s 6. Prior: 2009 c 341 s 3; 2009 c 16 s 1; 2007 c 241 s 31; 2005 c 303 s 8; 2000 c 11 s 67; 1999 c 379 s 918; 1997 c 235 s 719; 1990 1st ex.s. c 14 s 7. Formerly RCW 43.98A.060.]
Notes:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
Effective date—Intent—2016 c 249: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.
Effective date—1999 c 379: See note following RCW 79A.15.040.
Severability—Effective date—1997 c 235: See notes following RCW 79A.15.040.

catchline: Habitat conservation account—Acquisition policies and priorities.


title: RCW 79A.15.065

text:
In providing grants through the habitat conservation account, the board shall require grant applicants to incorporate the environmental benefits of the project into their grant applications, and the board shall utilize the statement of environmental benefits in the grant application and review process. The board shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the board should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The board shall consult with affected interest groups in implementing this section.
[ 2007 c 241 s 32; 2001 c 227 s 8.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Findings—Intent—2001 c 227: See note following RCW 43.41.270.

catchline: Grants through habitat conservation account—Statement of environmental benefits—Development of outcome-focused performance measures.


title: RCW 79A.15.070

text:
(1) In determining which state parks proposals and local parks proposals to fund, the board shall use existing policies and priorities.
(2) Except as provided in RCW 79A.15.030(8), moneys appropriated for this chapter may not be used by the board to fund staff or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition and development, including, but not limited to, surveying expenses, fencing, and signing.
(4) The board may not approve a project of a local agency where the share contributed by the local agency is less than the amount to be awarded from the outdoor recreation account. The local agency's share may be reduced or waived if the project meets the needs of an underserved population or a community in need, as defined by the board.
(5) The board may adopt rules establishing acquisition policies and priorities for the acquisition and development of trails and water access sites to be financed from moneys in the outdoor recreation account.
(6) In determining the acquisition and development priorities, the board shall consider, at a minimum, the following criteria:
(a) For trails proposals:
(i) Community support for the project;
(ii) Immediacy of threat to the site;
(iii) Linkage between communities;
(iv) Linkage between trails;
(v) Existing or potential usage;
(vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130;
(vii) Availability of water access or views;
(viii) Enhancement of wildlife habitat; and
(ix) Scenic values of the site.
(b) For water access proposals:
(i) Community support for the project;
(ii) Distance from similar water access opportunities;
(iii) Immediacy of threat to the site;
(iv) Diversity of possible recreational uses;
(v) Public demand in the area; and
(vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130.
(7) Before November 1st of each even-numbered year, the board shall recommend to the governor a prioritized list of all projects to be funded under RCW 79A.15.050. The governor may remove projects from the list recommended by the board and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
[ 2016 c 149 s 7; 2007 c 241 s 33; 2005 c 303 s 9; 2000 c 11 s 68; 1999 c 379 s 919; 1997 c 235 s 720; 1990 1st ex.s. c 14 s 8. Formerly RCW 43.98A.070.]
Notes:
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.
Effective date—1999 c 379: See note following RCW 79A.15.040.
Severability—Effective date—1997 c 235: See notes following RCW 79A.15.040.

catchline: Acquisition and development priorities—Generally.


title: RCW 79A.15.080

text:
The board shall not sign contracts or otherwise financially obligate funds from the habitat conservation account, the outdoor recreation account, or the farm and forest account as provided in this chapter before the legislature has appropriated funds for a specific list of projects. The legislature may remove projects from the list recommended by the governor.
[ 2016 c 149 s 8; 2007 c 241 s 34; 2005 c 303 s 10; 1990 1st ex.s. c 14 s 9. Formerly RCW 43.98A.080.]
Notes:
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.

catchline: Recommended project list—Board authority to obligate funds—Legislature's authority.


title: RCW 79A.15.090

text:
Moneys made available under this chapter for land acquisition shall not be used to acquire land through condemnation.
[ 1990 1st ex.s. c 14 s 10. Formerly RCW 43.98A.090.]

catchline: Condemnation.


title: RCW 79A.15.110

text:
State or local agencies or nonprofit nature conservancies shall review the proposed project application and confer with the county or city with jurisdiction over the project area prior to applying for funds for the acquisition of property under this chapter. The appropriate county or city legislative authority may, at its discretion, submit a letter to the board identifying the authority's position with regard to the acquisition project. The board shall make the letters received under this section available to the governor and the legislature when the prioritized project list is submitted under this chapter.
[ 2016 c 149 s 9; 2007 c 241 s 36; 2005 c 303 s 5.]
Notes:
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.

catchline: Review of proposed project application.


title: RCW 79A.15.120

text:
(1) The riparian protection account is established in the state treasury. The board must administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the board.
(2) Moneys appropriated for this chapter to the riparian protection account must be distributed for the acquisition or enhancement or restoration of riparian habitat. All enhancement or restoration projects, except those qualifying under subsection (9)(a) of this section, must include the acquisition of a real property interest in order to be eligible.
(3) State and local agencies and lead entities under chapter 77.85 RCW, nonprofit nature conservancy organizations or associations, and the conservation commission may apply for acquisition and enhancement or restoration funds for riparian habitat projects under subsection (1) of this section. Other state agencies not defined in RCW 79A.15.010, such as the department of transportation and the department of corrections, may enter into interagency agreements with state agencies to apply in partnership for funds under this section.
(4) The board may adopt rules establishing acquisition policies and priorities for distributions from the riparian protection account.
(5) Except as provided in *RCW 79A.15.030(7), moneys appropriated for this section may not be used by the board to fund staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
(6) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(7) The board may not approve a local project where the local agency or nonprofit nature conservancy organization or association share is less than the amount to be awarded from the riparian protection account. In-kind contributions, including contributions of a real property interest in land may be used to satisfy the local agency's or nonprofit nature conservancy organization's or association's share.
(8) State agencies receiving grants for acquisition of land under this section must pay an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due.
(9) In determining acquisition priorities with respect to the riparian protection account, the board must consider, at a minimum, the following criteria:
(a) Whether the project continues the conservation reserve enhancement program. Applications that extend the duration of leases of riparian areas that are currently enrolled in the conservation reserve enhancement program shall be eligible. Such applications are eligible for a conservation lease extension of at least twenty-five years of duration;
(b) Whether the projects are identified or recommended in a watershed planning process under chapter 247, Laws of 1998, salmon recovery planning under chapter 77.85 RCW, or other local plans, such as habitat conservation plans, and these must be highly considered in the process;
(c) Whether there is community support for the project;
(d) Whether the proposal includes an ongoing stewardship program that includes control of noxious weeds, detrimental invasive species, and that identifies the source of the funds from which the stewardship program will be funded;
(e) Whether there is an immediate threat to the site;
(f) Whether the quality of the habitat is improved or, for projects including restoration or enhancement, the potential for restoring quality habitat including linkage of the site to other high quality habitat;
(g) Whether the project is consistent with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(h) Whether the site has educational or scientific value; and
(i) Whether the site has passive recreational values for walking trails, wildlife viewing, or the observation of natural settings.
(10) Before November 1st of each even-numbered year, the board will recommend to the governor a prioritized list of projects to be funded under this section. The governor may remove projects from the list recommended by the board and will submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
[ 2009 c 341 s 4; 2009 c 16 s 2; 2007 c 241 s 37; 2005 c 303 s 6.]
Notes:
Reviser's note: *(1) RCW 79A.15.030 was amended by 2016 c 149 s 3, changing subsection (7) to subsection (8).
(2) This section was amended by 2009 c 16 s 2 and by 2009 c 341 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.

catchline: Riparian protection account—Use of funds.


title: RCW 79A.15.130

text:
(1) The farm and forest account is established in the state treasury. The board will administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the board. Moneys appropriated for this chapter to the farm and forest account must be distributed for the acquisition and preservation of farmlands and forestlands in order to maintain the opportunity for agricultural and forest management activity upon these lands.
(2) Moneys appropriated beginning July 1, 2016, for this chapter shall be divided as follows:
(a) Not less than ninety percent for the acquisition and preservation of farmlands.
(b) Not less than ten percent for the acquisition and preservation of forestlands.
(3) Moneys appropriated for this chapter to the farm and forest account may be distributed for: (a) The acquisition of a less than fee simple interest in farmlands or forestland, such as a conservation easement or lease; (b) the enhancement or restoration of ecological functions on those properties; or (c) both. In order for a farmland or forestland preservation grant to provide for an environmental enhancement or restoration project, the project must include the acquisition of a real property interest.
(4) Cities, counties, nonprofit nature conservancies, and the conservation commission may apply for acquisition and enhancement or restoration funds for farmland or forestland preservation projects within their jurisdictions under subsection (1) of this section.
(5) The board may adopt rules establishing acquisition and enhancement or restoration policies and priorities for distributions from the farm and forest account.
(6) The acquisition of a property interest in a project under this section does not provide a right of access to the property by the public unless explicitly provided for in a conservation easement or other form of deed restriction.
(7) Except as provided in RCW 79A.15.030(8), moneys appropriated for this section may not be used by the board to fund staff positions or other overhead expenses, or by cities, counties, nonprofit nature conservancies, or the conservation commission to fund operation or maintenance of areas acquired under this chapter.
(8) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, noxious weed control, and signing.
(9) The board may not approve a local project where the local agency's or nonprofit nature conservancies' share is less than the amount to be awarded from the farm and forest account. In-kind contributions, including contributions of a real property interest in land, may be used to satisfy the local agency's or nonprofit nature conservancies' share.
(10) In determining the acquisition priorities for farmland projects, the board must consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical pathways analysis, a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort;
(c) The likelihood of the conversion of the site to nonagricultural or more highly developed usage;
(d) Consistency with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(e) Benefits to salmonids;
(f) Benefits to other fish and wildlife habitat;
(g) Integration with recovery efforts for endangered, threatened, or sensitive species;
(h) The viability of the site for continued agricultural production, including, but not limited to:
(i) Soil types;
(ii) On-site production and support facilities such as barns, irrigation systems, crop processing and storage facilities, wells, housing, livestock sheds, and other farming infrastructure;
(iii) Suitability for producing different types or varieties of crops;
(iv) Farm-to-market access;
(v) Water availability; and
(i) Other community values provided by the property when used as agricultural land, including, but not limited to:
(i) Viewshed;
(ii) Aquifer recharge;
(iii) Occasional or periodic collector for stormwater runoff;
(iv) Agricultural sector job creation;
(v) Migratory bird habitat and forage area; and
(vi) Educational and curriculum potential.
(11) In allotting funds for environmental enhancement or restoration projects, the board will require the projects to meet the following criteria:
(a) Enhancement or restoration projects must further the ecological functions of the farmlands;
(b) The projects, such as fencing, bridging watercourses, replanting native vegetation, replacing culverts, clearing of waterways, etc., must be less than fifty percent of the acquisition cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving beneficial enhancement or restoration results; and
(d) The projects should enhance the viability of the preserved farmland to provide agricultural production while conforming to any legal requirements for habitat protection.
(12) In determining the acquisition priorities for forestland projects, the board must consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical pathways analysis, a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort;
(c) The likelihood of conversion of the site to nontimber or more highly developed use;
(d) Consistency with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(e) Multiple benefits of the project;
(f) Project attributes, including but not limited to:
(i) Clean air and water;
(ii) Stormwater management;
(iii) Wildlife habitat; and
(iv) Potential for carbon sequestration.
(13) In allotting funds for environmental enhancement or restoration projects, the board must require the projects to meet the following criteria:
(a) Enhancement or restoration projects must further the ecological functions of the forestlands;
(b) The projects, such as fencing, bridging watercourses, replanting native vegetation, replacing culverts, etc., must be less than fifty percent of the acquisition cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving beneficial enhancement or restoration results;
(d) The projects should enhance the viability of the preserved forestland to provide timber production while conforming to any legal requirements for habitat protection.
(14) Before November 1st of each even-numbered year, the board will recommend to the governor a prioritized list of all projects to be funded under this section. The governor may remove projects from the list recommended by the board and must submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
[ 2016 c 149 s 10; 2009 c 341 s 5; 2007 c 241 s 38; 2005 c 303 s 7.]
Notes:
Application—2016 c 149 ss 3, 4, 5, and 10: See note following RCW 79A.15.030.
Effective date—Intent—2016 c 149: See notes following RCW 79A.15.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.

catchline: Farm and forest account—Use of funds.


title: RCW 79A.15.140

text:
When administering funds under this chapter, the committee shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 s 35.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Puget Sound partners.


title: RCW 79A.15.150

text:
When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under RCW 76.15.090 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2021 c 209 s 24; 2008 c 299 s 34.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Administering funds—Preference to an evergreen community.


title: RCW 79A.25.005

text:
(1) As Washington begins its second century of statehood, the legislature recognizes that renewed efforts are needed to preserve, conserve, and enhance the state's recreational resources. Rapid population growth and increased urbanization have caused a decline in suitable land for recreation and resulted in overcrowding and deterioration of existing facilities. Lack of adequate recreational resources directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves.
It is therefore the policy of the state and its agencies to preserve, conserve, and enhance recreational resources and open space. In carrying out this policy, the mission of the recreation and conservation funding board and its office is to (a) create and work actively for the implementation of a unified statewide strategy for meeting the recreational needs of Washington's citizens, (b) represent and promote the interests of the state on recreational issues in concert with other state and local agencies and the governor, (c) encourage and provide interagency and regional coordination, and interaction between public and private organizations, (d) administer recreational grant-in-aid programs and provide technical assistance, and (e) serve as a repository for information, studies, research, and other data relating to recreation.
(2) Washington is uniquely endowed with fresh and salt waters rich in scenic and recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is a major support of its expanding tourist industry. Rising population, increased income and leisure time, and the rapid growth of boating and other water sports have greatly increased the demand for water related recreation, while waterfront land is rapidly rising in value and disappearing from public use. There is consequently an urgent need for the acquisition or improvement of waterfront land on fresh and salt water suitable for marine recreational use by Washington residents and visitors. To meet this need, it is necessary and proper that the portion of motor vehicle fuel taxes paid by boat owners and operators on fuel consumed in their watercraft and not reclaimed as presently provided by law should be expended for the acquisition or improvement of marine recreation land on the Pacific Ocean, Puget Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters of the state.
[ 2007 c 241 s 39; 1989 c 237 s 1; 1965 c 5 s 1 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.010.]
Notes:
Intent—2007 c 241: "The legislature intends to change the name of the interagency committee for outdoor recreation to the recreation and conservation funding board. Similarly, the office of the interagency committee is renamed the recreation and conservation office.
The legislature does not intend this act to make any substantive policy changes other than to change or clarify the names of the relevant entities.
The name changes in this act have no impact on the powers, duties, or responsibilities previously delegated to the interagency committee for outdoor recreation or the office of the interagency committee by statute, budget proviso, or executive order.
The name changes in this act have no impact on the validity of the documents, contracts, agreements, policies, and written decisions made, entered into, recorded, issued, or established before this name change by the interagency committee for outdoor recreation, its office, or director. Documents, contracts, agreements, policies, publications, and written decisions are not required to be changed to conform to the name changes, and the continued use of former names on documents made, recorded, issued, or established prior to the changes in this act does not affect the document's validity after the change." [ 2007 c 241 s 1.]
Effective date—2007 c 241: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 241 s 76.]
Effective date—1989 c 237: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on June 30, 1989." [ 1989 c 237 s 9.]

catchline: Policy—Mission of board.


title: RCW 79A.25.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the recreation and conservation funding board.
(2) "Council" means the Washington invasive species council created in RCW 79A.25.310.
(3) "Director" means the director of the recreation and conservation office.
(4) "Marine recreation land" means any land with or without improvements which (a) provides access to, or in whole or in part borders on, fresh or salt water suitable for recreational use by watercraft, or (b) may be used to create, add to, or make more usable, bodies of water, waterways, or land, for recreational use by watercraft.
(5) "Office," "recreation and conservation office," or "the office of recreation and conservation" means the state agency responsible for administration of programs and activities of the recreation and conservation funding board, the salmon recovery funding board, the invasive species council, and such other duties or boards, councils, or advisory groups as are or may be established or directed for administrative placement in the agency.
(6) "Public body" means any county, city, town, port district, park and recreation district, metropolitan park district, or other municipal corporation which is authorized to acquire or improve public outdoor recreation land, and also means Indian tribes now or hereafter recognized as such by the federal government for participation in the land and water conservation program.
(7) "Tax on marine fuel" means motor vehicle fuel tax which is (a) tax on fuel used in, or sold or distributed for use in, any watercraft, (b) refundable pursuant to chapter 82.38 RCW, and (c) paid to the director of licensing with respect to taxable sales, distributions, or uses occurring on or after December 3, 1964.
(8) "Watercraft" means any boat, vessel, or other craft used for navigation on or through water.
[ 2013 c 225 s 636; 2007 c 241 s 40; 2006 c 152 s 9; 1989 c 237 s 2; 1979 c 158 s 108; 1972 ex.s. c 56 s 1; 1965 c 5 s 2 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2013 c 225: See note following RCW 82.38.010.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1989 c 237: See note following RCW 79A.25.005.
Construction—1972 ex.s. c 56: "The provisions of this 1972 amendatory act are intended to be remedial and procedural and shall be construed to apply retroactively." [ 1972 ex.s. c 56 s 2.]


title: RCW 79A.25.020

text:
The director shall have the following powers and duties:
(1) To supervise the administrative operations of the boards, office, and their staff;
(2) To administer recreation and conservation grant-in-aid programs and contracts, and provide technical assistance to state and local agencies;
(3) To prepare and update a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space. The plan shall be prepared in coordination with the office of the governor and the office of financial management, with participation of federal, state, and local agencies having recreational responsibilities, user groups, private sector interests, and the general public. The plan shall be submitted to the recreation and conservation funding board for review, and the board shall submit its recommendations on the plan to the governor. The plan shall include, but is not limited to: (a) an inventory of current resources; (b) a forecast of recreational resource demand; (c) identification and analysis of actual and potential funding sources; (d) a process for broad scale information gathering; (e) an assessment of the capabilities and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals of the plan; (f) an analysis of strategic options and decisions available to the state; (g) an implementation strategy that is coordinated with executive policy and budget priorities; and (h) elements necessary to qualify for participation in or the receipt of aid from any federal program for outdoor recreation;
(4) To represent and promote the interests of the state on recreational issues and further the mission of the board and office;
(5) Upon approval of the relevant board, to enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public benefit and use;
(6) To appoint such technical and other committees as may be necessary to carry out the purposes of this chapter;
(7) To create and maintain a repository for data, studies, research, and other information relating to recreation and conservation resources in the state, and to encourage the interchange of such information;
(8) To encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public and private entities involved in the development and preservation of recreational and conservation resources; and
(9) To prepare the state trails plan, as required by RCW 79A.35.040.
[ 2007 c 241 s 41; 2000 c 11 s 69; 1989 c 237 s 4. Formerly RCW 43.99.025.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1989 c 237: See note following RCW 79A.25.005.

catchline: Director's powers and duties.


title: RCW 79A.25.030

text:
(1) The amount or proportion of motor vehicle fuel tax moneys that are tax on marine fuel is deemed to be one percent of the total motor vehicle fuel tax moneys collected annually.
(2) One percent of the total motor vehicle fuel tax moneys collected annually is to be deposited into the marine fuel tax refund account as provided in RCW 79A.25.040 and 79A.25.070.
[ 2010 c 23 s 1; 2007 c 241 s 42; 2000 c 11 s 70; 1995 c 166 s 1; 1979 c 158 s 109; 1975-'76 2nd ex.s. c 50 s 1; 1969 ex.s. c 74 s 1; 1965 c 5 s 3 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.030.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Proportion of motor vehicle fuel tax moneys that are tax on marine fuel.


title: RCW 79A.25.040

text:
There is created the marine fuel tax refund account in the state treasury. The director of licensing must request the state treasurer to refund monthly from the motor vehicle fund an amount equal to one percent of the motor vehicle fuel tax moneys collected during that period. The state treasurer must refund such amounts and place them in the marine fuel tax refund account to be held for those entitled thereto pursuant to chapter 82.38 RCW and RCW 79A.25.050, except that the treasurer may not refund and place in the marine fuel tax refund account more than the greater of the following amounts: (1) An amount equal to two percent of all moneys paid to the treasurer as motor vehicle fuel tax for such period, (2) an amount necessary to meet all approved claims for refund of tax on marine fuel for such period.
[ 2013 c 225 s 637; 2010 c 23 s 2; 2000 c 11 s 71; 1995 c 166 s 2; 1991 sp.s. c 13 s 42; 1985 c 57 s 53; 1979 c 158 s 110; 1965 c 5 s 4 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.040.]
Notes:
Effective date—2013 c 225: See note following RCW 82.38.010.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Marine fuel tax refund account—Moneys derived from tax on marine fuel—Refunding and placement in account—Exception.


title: RCW 79A.25.050

text:
Claims submitted pursuant to chapter 82.38 RCW for refund of tax on marine fuel which has been placed in the marine fuel tax refund account must, if approved, be paid from that account.
[ 2013 c 225 s 638; 1965 c 5 s 5 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.050.]
Notes:
Effective date—2013 c 225: See note following RCW 82.38.010.

catchline: Marine fuel tax refund account—Claims for refunds paid from.


title: RCW 79A.25.060

text:
The outdoor recreation account is created in the state treasury. Moneys in the account are subject to legislative appropriation. The board shall administer the account in accordance with chapter 79A.15 RCW and this chapter, and shall hold it separate and apart from all other money, funds, and accounts of the board.
Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and moneys made available to the state of Washington by the federal government for outdoor recreation, may be deposited into the account.
[ 2007 c 241 s 43; 2000 c 11 s 72; 1995 c 166 s 3; 1991 sp.s. c 13 s 52; 1985 c 57 s 54; 1967 ex.s. c 62 s 1; 1965 c 5 s 6 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.060.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Outdoor recreation account—Deposits.


title: RCW 79A.25.070

text:
Upon expiration of the time limited by *RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account, shall request the state treasurer to transfer monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing: (1) A motor vehicle fuel tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; (e) twenty-three cents per gallon of motor vehicle fuel from July 1, 2011, through July 31, 2015; (f) thirty cents per gallon of motor vehicle fuel from August 1, 2015, through June 30, 2016; and (g) thirty-four and nine-tenths cents per gallon of motor vehicle fuel from July 1, 2016, through June 30, 2031; and (2) beginning July 1, 2031, and thereafter, the state's motor vehicle fuel tax rate in existence at the time of the fuel purchase, to the recreation resource account and the remainder to the motor vehicle fund.
[ 2015 3rd sp.s. c 44 s 113; (2015 2nd sp.s. c 9 s 4 repealed by 2015 3rd sp.s. c 44 s 111); 2010 c 23 s 3; 2003 c 361 s 409; 2000 c 11 s 73; 1995 c 166 s 4; 1990 c 42 s 116; 1979 c 158 s 111; 1965 c 5 s 7 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.070.]
Notes:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 s 501, effective July 1, 2016.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Findings—Intent—2015 2nd sp.s. c 9: See note following RCW 46.09.520.
Findings—2003 c 361: See note following RCW 82.38.030.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.

catchline: Recreation resource account, motor vehicle fund—Transfers of moneys from marine fuel tax account.


title: RCW 79A.25.080

text:
(1) Moneys transferred to the recreation resource account from the marine fuel tax refund account may be used when appropriated by the legislature, as well as any federal or other funds now or hereafter available, to pay the office and necessary administrative and coordinative costs of the recreation and conservation funding board established by RCW 79A.25.110. All moneys so transferred, except those appropriated as aforesaid, shall be divided into two equal shares and shall be used to benefit watercraft recreation in this state as follows:
(a) One share as grants to state agencies for (i) acquisition of title to, or any interests or rights in, marine recreation land, (ii) capital improvement and renovation of marine recreation land, including periodic dredging in accordance with subsection (2) of this section, if needed, to maintain or make the facility more useful, or (iii) matching funds in any case where federal or other funds are made available on a matching basis for purposes described in (a)(i) or (ii) of this subsection;
(b) One share as grants to public bodies to help finance (i) acquisition of title to, or any interests or rights in, marine recreation land, or (ii) capital improvement and renovation of marine recreation land, including periodic dredging in accordance with subsection (2) of this section, if needed, to maintain or make the facility more useful. A public body is authorized to use a grant, together with its own contribution, as matching funds in any case where federal or other funds are made available for purposes described in (a)(i) or (ii) of this subsection. The board may prescribe further terms and conditions for the making of grants in order to carry out the purposes of this chapter.
(2) For the purposes of this section "periodic dredging" is limited to dredging of materials that have been deposited in a channel due to unforeseen events. This dredging should extend the expected usefulness of the facility for at least five years.
(3) During the 2009-2011 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the recreation resource account to the state parks and recreation commission for maintenance and operation of parks and to improve accessibility for boaters and off-road vehicle users. This appropriation is not required to follow the specific distribution specified in subsection (1)(a) and (b) of this section.
[ 2009 c 564 s 958; 2007 c 241 s 44; 2000 c 11 s 74; 1999 c 341 s 1; 1995 c 166 s 5; 1971 ex.s. c 140 s 1; 1965 ex.s. c 136 s 1; 1965 c 5 s 8 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.080.]
Notes:
Effective date—2009 c 564: See note following RCW 2.68.020.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Recreation resource account—Distribution of moneys transferred.


title: RCW 79A.25.090

text:
Interest earned on funds granted or made available by the board shall not be expended by the recipient but shall be returned to the source account for disbursement by the board in accordance with general budget and accounting procedure.
[ 2007 c 241 s 45; 1995 c 166 s 6; 1967 ex.s. c 62 s 7. Formerly RCW 43.99.095.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Interest on funds granted by board to be returned to source account.


title: RCW 79A.25.100

text:
Marine recreation land with respect to which money has been expended under RCW 79A.25.080 shall not, without the approval of the board, be converted to uses other than those for which such expenditure was originally approved. The 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.
[ 2007 c 241 s 46; 2000 c 11 s 75; 1965 c 5 s 10 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.100.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Conversion of marine recreation land to other uses—Approval—Substitution.


title: RCW 79A.25.110

text:
There is created the recreation and conservation funding board consisting of the commissioner of public lands, the director of parks and recreation, and the director of fish and wildlife, or their designees, and, by appointment of the governor with the advice and consent of the senate, five members from the public at large who have a demonstrated interest in and a general knowledge of outdoor recreation and conservation in the state. The terms of members appointed from the public at large shall commence on January 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term. The governor shall appoint one of the members from the public at large to serve as chair of the board for the duration of the member's term. Members employed by the state shall serve without additional pay and participation in the work of the board shall be deemed performance of their employment. Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the board in accordance with RCW 43.03.050 and 43.03.060.
[ 2007 c 241 s 47; 1994 c 264 s 31; 1988 c 36 s 21; 1985 c 77 s 1; 1984 c 287 s 84. Prior: 1981 c 338 s 7; 1981 c 206 s 1; 1975-'76 2nd ex.s. c 34 s 125; 1971 c 60 s 1; 1967 ex.s. c 62 s 2; 1965 c 5 s 11 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.110.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—1981 c 206: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1981." [ 1981 c 206 s 4.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Construction and maintenance of outdoor recreation facilities by department of natural resources, review by recreation and conservation funding board: RCW 79.10.140.

catchline: Recreation and conservation funding board—Created—Membership—Terms—Compensation and travel expenses.


title: RCW 79A.25.120

text:
Any public body or any agency of state government authorized to acquire or improve public outdoor recreation land which desires funds from the outdoor recreation account, the recreation resource account, or the nonhighway and off-road vehicle activities program account shall submit to the board a long-range plan for developing outdoor recreation facilities within its authority and detailed plans for the projects sought to be financed from these accounts, including estimated cost and such other information as the board may require. The board shall analyze all proposed plans and projects, and shall recommend to the governor for inclusion in the budget such projects as it may approve and find to be consistent with an orderly plan for the acquisition and improvement of outdoor recreation lands in the state.
[ 2007 c 241 s 48; 1995 c 166 s 7; 1983 c 3 s 114; 1965 c 5 s 12 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.120.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Plans for public outdoor recreation land acquisition or improvement—Contents—Submission—Recommendations.


title: RCW 79A.25.130

text:
The board or director may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation or conservation. The board or director may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under such programs.
[ 2007 c 241 s 49; 1967 ex.s. c 62 s 5. Formerly RCW 43.99.124.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Participation in federal programs—Authority.


title: RCW 79A.25.140

text:
The board or director shall not make any commitment or enter into any agreement until it is determined that sufficient funds are available to meet project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of this chapter, such areas and facilities shall be publicly maintained for outdoor recreation purposes. When requested by a state agency or public body, the board or director may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition, and development projects involving participating federal-aid funds on behalf of any state agency, public body, or subdivision of this state: PROVIDED, That recipients of funds give necessary assurances to the board or director that they have available sufficient matching funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such state agency, public body, or subdivision for public outdoor recreation use.
[ 2007 c 241 s 50; 1967 ex.s. c 62 s 6. Formerly RCW 43.99.126.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Commitments or agreements forbidden unless sufficient funds available—Agreements with federal agencies on behalf of state or local agencies—Conditions.


title: RCW 79A.25.150

text:
When requested by the board, members employed by the state shall furnish assistance to the board from their departments for the analysis and review of proposed plans and projects, and such assistance shall be a proper charge against the appropriations to the several agencies represented on the board. Assistance may be in the form of money, personnel, or equipment and supplies, whichever is most suitable to the needs of the board.
The director of the recreation and conservation office shall be appointed by, and serve at the pleasure of, the governor. The governor shall select the director from a list of three candidates submitted by the board. However, the governor may request and the board shall provide an additional list or lists from which the governor may select the director. The director shall have background and experience in the areas of recreation and conservation management and policy. The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The director shall appoint such personnel as may be necessary to carry out the duties of the office. Not more than three employees appointed by the director shall be exempt from the provisions of chapter 41.06 RCW.
[ 2010 c 128 s 7; 2007 c 241 s 51; 1989 c 237 s 3; 1981 c 206 s 2; 1967 ex.s. c 62 s 3; 1965 c 5 s 13 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.130.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Effective date—1989 c 237: See note following RCW 79A.25.005.
Effective date—1981 c 206: See note following RCW 79A.25.110.

catchline: Assistance furnished by state departments—Appointment of director and personnel—Civil service exemption.


title: RCW 79A.25.170

text:
In addition to its other powers and duties the director is authorized to coordinate the preparation of a comprehensive guide of public parks and recreation sites in the state of Washington. Such guide may include one or more maps showing the locations of such public parks and recreation areas, and may also include information as to the facilities and recreation opportunities available. All state agencies providing public recreational facilities shall participate. Cooperation of federal agencies providing public recreational facilities within the state shall be solicited.
The director shall determine the costs of providing and distributing such a guide and pursue the most feasible means of paying the costs of initial production. The guide shall be sold for an amount to cover the reasonable production and distribution costs involved, and the director may contract with any state agency, local government agency, or private firm as otherwise allowed by law for any part of such production or distribution.
[ 1989 c 237 s 5; 1979 ex.s. c 24 s 1. Formerly RCW 43.99.142.]
Notes:
Effective date—1989 c 237: See note following RCW 79A.25.005.
Plan submittal: "The committee shall submit a plan for production and distribution of the guide to the State Legislature on or before January 1, 1981." [ 1979 ex.s. c 24 s 3.]

catchline: Public parks and recreation sites guide.


title: RCW 79A.25.180

text:
The director shall periodically review and have updated the guide authorized by RCW 79A.25.170.
[ 2000 c 11 s 76; 1989 c 237 s 6; 1979 ex.s. c 24 s 4. Formerly RCW 43.99.146.]
Notes:
Effective date—1989 c 237: See note following RCW 79A.25.005.

catchline: Public parks and recreation sites guide—Review and update.


title: RCW 79A.25.190

text:
The 1967 and subsequent legislatures may appropriate funds requested in the budget for grants to public bodies and state agencies from the recreation resource account to the board for allocation and disbursement. The board shall include a list of prioritized state agency projects to be funded from the recreation resource account with its biennial budget request.
[ 2007 c 241 s 52; 1995 c 166 s 8; 1965 c 5 s 15 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.150.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Appropriations by subsequent legislatures.


title: RCW 79A.25.200

text:
The recreation resource account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The board shall administer the account in accordance with this chapter and chapter 79A.35 RCW and shall hold it separate and apart from all other money, funds, and accounts of the board. Moneys received from the marine fuel tax refund account under RCW 79A.25.070 shall be deposited into the account. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account. During the 2011-2013 fiscal biennia, the recreation resource account may be used by the department of fish and wildlife for the purposes of activities related to aquatic and marine enforcement.
[ 2012 2nd sp.s. c 7 s 931; 2007 c 241 s 53; 2000 c 11 s 77; 1995 c 166 s 10. Formerly RCW 43.99.170.]
Notes:
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Recreation resource account.


title: RCW 79A.25.210

text:
The firearms range account is hereby created in the state general fund. Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.
Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. In making grants, the board shall give priority to projects for noise abatement or safety improvement. Grant funds shall not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant except that in the case of a grant for noise abatement or safety improvements the match must represent one dollar in value for each two dollars of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.
Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.
Entities receiving grants must make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education classes and firearm safety classes.
The board shall adopt rules to implement chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW. During the 2017-2019 and 2019-2021 fiscal biennia, expenditures from the firearms range account may be used to implement chapter 74, Laws of 2017 (SHB 1100) (concealed pistol licenses) and chapter 282, Laws of 2017 (SB 5268) (concealed pistol license notices). During the 2021-2023 and 2023-2025 fiscal biennia, expenditures from the firearms range account may be used to implement chapter 74, Laws of 2017 (SHB 1100) (concealed pistol licenses).
During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may also appropriate moneys in the firearms range account to the department of natural resources for recreational target shooting pilot sites as provided in section 3032, chapter 375, Laws of 2024.
During the 2023-2025 and 2025-2027 fiscal biennia, the application and matching funds requirements of this section do not apply to the recreational target shooting pilot sites in section 3032, chapter 375, Laws of 2024.
[ 2025 c 414 s 8024; 2024 c 375 s 8007; 2023 c 475 s 945; 2021 c 334 s 997; 2019 c 415 s 987; 2017 3rd sp.s. c 1 s 997; 2007 c 241 s 54; 1996 c 96 s 1; 1994 sp.s. c 7 s 443; 1990 c 195 s 2. Formerly RCW 77.12.720.]
Notes:
Effective date—2025 c 414: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 20, 2025]." [ 2025 c 414 s 8051.]
Effective date—2024 c 375: See note following RCW 70A.65.305.
Effective date—2023 c 475: See note following RCW 16.76.030.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Findings—1990 c 195: "Firearms are collected, used for hunting, recreational shooting, and self-defense, and firearm owners as well as bow users need safe, accessible areas in which to shoot their equipment. Approved shooting ranges provide that opportunity, while at the same time, promote public safety. Interest in all shooting sports has increased while safe locations to shoot have been lost to the pressures of urban growth." [ 1990 c 195 s 1.]

catchline: Firearms range account—Grant program—Rules.


title: RCW 79A.25.230

text:
The board or director may accept gifts and grants upon such terms as the board shall deem proper. All monetary gifts and grants shall be deposited in the firearms range account of the general fund.
[ 2007 c 241 s 56; 1990 c 195 s 4. Formerly RCW 77.12.740.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Findings—1990 c 195: See note following RCW 79A.25.210.

catchline: Firearms range account—Gifts and grants.


title: RCW 79A.25.240

text:
The recreation and conservation office shall provide necessary grants and loan administration support to the salmon recovery funding board as provided in RCW 77.85.120. The office shall also be responsible for tracking salmon recovery expenditures under RCW 77.85.140. The office shall provide all necessary administrative support to the salmon recovery funding board, and the salmon recovery funding board shall be located with the office.
[ 2009 c 345 s 13; 2007 c 241 s 57; 2003 c 39 s 44; 2000 c 11 s 78; 1999 sp.s. c 13 s 17.]
Notes:
Finding—Intent—2009 c 345: See notes following RCW 77.85.030.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Severability—Effective date—1999 sp.s. c 13: See notes following RCW 77.85.005.

catchline: Grants and loan administration.


title: RCW 79A.25.250

text:
Recognizing the fact that the demand for park services is greatest in our urban areas, that parks should be accessible to all Washington citizens, that the urban poor cannot afford to travel to remotely located parks, that few state parks are located in or near urban areas, that a need exists to conserve energy, and that local governments having jurisdiction in urban areas cannot afford the costs of maintaining and operating the extensive park systems needed to service their large populations, the legislature hereby directs the recreation and conservation funding board to place a high priority on the acquisition, development, redevelopment, and renovation of parks to be located in or near urban areas and to be particularly accessible to and used by the populations of those areas. For purposes of RCW 79A.25.250 and 79A.05.300, "urban areas" means any incorporated city with a population of five thousand persons or greater or any county with a population density of two hundred fifty persons per square mile or greater. This section shall be implemented by January 1, 1981.
[ 2007 c 241 s 58; 2000 c 11 s 79; 1980 c 89 s 3. Formerly RCW 43.51.380.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Acquisition, development, etc., of urban area parks by recreation and conservation funding board.


title: RCW 79A.25.260

text:
(1) The habitat and recreation lands coordinating group is established. The group must include representatives from the office, the state parks and recreation commission, the department of natural resources, and the department of fish and wildlife. The members of the group must have subject matter expertise with the issues presented in this section. Representatives from appropriate stakeholder organizations and local government must also be considered for participation on the group, but may only be appointed or invited by the director.
(2) To ensure timely completion of the duties assigned to the group, the director shall submit yearly progress reports to the office of financial management.
(3) The group must:
(a) Review agency land acquisition and disposal plans and policies to help ensure statewide coordination of habitat and recreation land acquisitions and disposals;
(b) Produce an interagency, statewide biennial forecast of habitat and recreation land acquisition and disposal plans;
(c) Establish procedures for publishing the biennial forecast of acquisition and disposal plans on websites or other centralized, easily accessible formats;
(d) Develop and convene an annual forum for agencies to coordinate their near-term acquisition and disposal plans;
(e) Develop a recommended method for interagency geographic information system-based documentation of habitat and recreation lands in cooperation with other state agencies using geographic information systems;
(f) Develop recommendations for standardization of acquisition and disposal recordkeeping, including identifying a preferred process for centralizing acquisition data;
(g) Develop an approach for monitoring the success of acquisitions;
(h) Identify and commence a dialogue with key state and federal partners to develop an inventory of potential public lands for transfer into habitat and recreation land management status; and
(i) Review existing and proposed habitat conservation plans on a regular basis to foster statewide coordination and save costs.
(4) If prioritization among the various requirements of subsection (3) of this section is necessary due to the availability of resources, the group shall prioritize implementation of subsection (3)(a) through (d) and (g) of this section.
(5) The group shall revisit the planning requirements of relevant grant programs administered by the office to determine whether coordination of state agency habitat and recreation land acquisition and disposal could be improved by modifying those requirements.
(6) The group must develop options for centralizing coordination of habitat and recreation land acquisition made with funds from federal grants. The advantages and drawbacks of the following options, at a minimum, must be developed:
(a) Requiring that agencies provide early communication on the status of federal grant applications to the office, the office of financial management, or directly to the legislature;
(b) Establishing a centralized pass-through agency for federal funds, where individual agencies would be the primary applicants.
(7) This section expires July 31, 2027. Prior to January 1, 2027, the group shall make a formal recommendation to the board and the appropriate committees of the legislature as to whether the existence of the habitat and recreation lands coordinating group should be continued beyond July 31, 2027, and if so, whether any modifications to its enabling statute should be pursued.
[ 2016 c 151 s 1; 2012 c 128 s 1; 2007 c 247 s 1.]
Notes:
Finding—2012 c 128: "The legislature finds that participation by the state's habitat and recreation land management agencies in the habitat and recreation lands coordinating group is an inherent part of transparent, efficient, and effective state habitat and recreation land management, and must be conducted within existing resources." [ 2012 c 128 s 2.]

catchline: Habitat and recreation lands coordinating group—Members—Progress reports—Duties. (Expires July 31, 2027.)


title: RCW 79A.25.300

text:
The legislature finds that:
(1) The land, water, and other resources of Washington are being severely impacted by the invasion of an increasing number of harmful invasive plant and animal species.
(2) These impacts are resulting in damage to Washington's environment and causing economic hardships.
(3) The multitude of public and private organizations with an interest in controlling and preventing the spread of harmful invasive species in Washington need a mechanism for cooperation, communication, collaboration, and developing a statewide plan of action to meet these threats.
[ 2006 c 152 s 1.]

catchline: Findings.


title: RCW 79A.25.310

text:
(1) There is created the Washington invasive species council to exist until June 30, 2032. Staff support to the council shall be provided by the recreation and conservation office and from the agencies represented on the council. For administrative purposes, the council shall be located within the office.
(2) The purpose of the council is to provide policy level direction, planning, and coordination for combating harmful invasive species throughout the state and preventing the introduction of others that may be potentially harmful.
(3) The council is a joint effort between local, tribal, state, and federal governments, as well as the private sector and nongovernmental interests. The purpose of the council is to foster cooperation, communication, and coordinated approaches that support local, state, and regional initiatives for the prevention and control of invasive species.
(4) For the purposes of this chapter, "invasive species" include nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. "Invasive species" does not include domestic livestock, intentionally planted agronomic crops, or nonharmful exotic organisms.
(5) This section expires June 30, 2032.
[ 2021 c 177 s 1; 2016 sp.s. c 7 s 1; 2011 c 154 s 2; 2007 c 241 s 61; 2006 c 152 s 2.]
Notes:
Findings—2011 c 154: "The land, water, and other resources of Washington state are being severely impacted by the invasion of an increasing number of harmful invasive plant and animal species. These impacts are resulting in damage to the state's environment and causing economic hardships. The multitude of public and private organizations with an interest and authority in controlling and preventing the spread of harmful invasive species in Washington state need a mechanism for cooperation, communication, collaboration, and implementation of the statewide plan of action to combat these threats." [ 2011 c 154 s 1.]
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Washington invasive species council—Created. (Expires June 30, 2032.)


title: RCW 79A.25.320

text:
(1) Membership in the council includes a representative from the following entities:
(a) The department of agriculture, represented by the director or the director's designee;
(b) The department of fish and wildlife, represented by the director or the director's designee;
(c) The department of ecology, represented by the director or the director's designee;
(d) The department of natural resources, represented by the commissioner or the commissioner's designee;
(e) The department of transportation, represented by the secretary or the secretary's designee;
(f) The Washington state noxious weed control board, appointed by the board;
(g) A county located east of the crest of the Cascade mountains, appointed by the other members of the council; and
(h) A county located west of the crest of the Cascade mountains, appointed by the other members of the council.
(2) The councilmembers may add members to the council as the councilmembers deem appropriate to accomplish its goals.
(3) The council must invite one representative each from the United States department of agriculture, the United States fish and wildlife service, the United States environmental protection agency, and the United States coast guard to participate on the council in a nonvoting, ex officio capacity.
(4) A representative of the office of the governor must convene the first meeting of the council and serve as chair until the council selects a chair. At the first meeting of the council, the council shall address issues including, but not limited to, voting methods, meeting schedules, and the need for and use of advisory and technical committees.
[ 2006 c 152 s 3.]

catchline: Washington invasive species council—Membership.


title: RCW 79A.25.330

text:
The council's goals are to:
(1) Minimize the effects of harmful invasive species on Washington's citizens and ensure the economic and environmental well-being of the state;
(2) Serve as a forum for identifying and understanding invasive species issues from all perspectives;
(3) Serve as a forum to facilitate the communication, cooperation, and coordination of local, tribal, state, federal, private, and nongovernmental entities for the prevention, control, and management of nonnative invasive species;
(4) Serve as an avenue for public outreach and for raising public awareness of invasive species issues;
(5) Develop and implement a statewide invasive species strategic plan as described in this chapter;
(6) Review the current funding mechanisms and levels for state agencies to manage noxious weeds on the lands under their authority;
(7) Make recommendations for legislation necessary to carry out the purposes of this chapter;
(8) Establish criteria for the prioritization of invasive species response actions and projects; and
(9) Utilizing the process described in subsection (8) of this section, select at least one project per year from the strategic plan for coordinated action by the Washington invasive species councilmember entities.
[ 2006 c 152 s 4.]

catchline: Washington invasive species council—Goals.