title: RCW 79.140.210

text:
(1)(a) The legislature finds and declares that an extraordinary volume of material washed down onto beds of navigable waters and shorelands in the Toutle river, Coweeman river, and portions of the Cowlitz river following the eruption of Mount St. Helens in 1980.
(b) The legislature further finds that the owners of private lands located near the impacted rivers were authorized to sell, transfer, or otherwise dispose of any dredge spoils removed from the river between the years of 1980 and 1995 without the necessity of any charge by the department.
(c) The legislature further finds that the dredging activities following the eruption of Mount St. Helens are no longer adequate to protect engineered structures on the affected rivers or the public health and safety of the communities located in proximity to the affected rivers. Future river dredging will be necessary as part of managing the post-eruption state of the rivers, and with the commencement of new dredging activities, the underlying conditions leading to the previous authority for private landowners to dispose of the dredged materials without the necessity of any charge by the department are replicated.
(d) The legislature further finds that just as between the years of 1980 and 1995, the dredge spoils placed upon adjacent publicly and privately owned property in the affected areas, if further disposed, will be of nominal value to the state and that it is in the best interests of the state to allow further disposal without charge.
(2) All dredge spoil or materials removed from the state-owned beds and shores of the Toutle river, Coweeman river, and that portion of the Cowlitz river from two miles above the confluence of the Toutle river to its mouth deposited on adjacent public and private lands before December 31, 2035, as a result of dredging the affected rivers for navigation and flood control purposes that as of June 10, 2010, have not been sold, transferred, or otherwise disposed of by owners of the lands, may be sold, transferred, or otherwise disposed of by owners of the lands without the necessity of any charge by the department and free and clear of any interest of the department.
[ 2010 c 57 s 1; 2009 c 426 s 1.]
Notes:
Retroactive application—2010 c 57: "This act applies to all dredge spoil or materials removed from the state-owned beds and shores of the Toutle river, Coweeman river, and that portion of the Cowlitz river from two miles above the confluence of the Toutle river to its mouth deposited on adjacent public and private lands as a result of dredging the affected rivers for navigation and flood control purposes following the eruption of Mount St. Helens in 1980 that, as of June 10, 2010, have not been sold, transferred, or otherwise disposed of by owners of the lands. To this extent, this act applies retroactively, but in all other respects it applies prospectively." [ 2010 c 57 s 2.]

catchline: Mount St. Helens dredge spoils or materials.


doc_type: statute

jurisdiction: wa

title: RCW 79.145.010

text:
The legislature finds that the public health and safety is threatened by an increase in the amount of plastic garbage being deposited in the waters and on the shores of the state. To address this growing problem, the commissioner appointed the marine plastic debris task force which presented a state action plan in October 1988. It is necessary for the state of Washington to implement the action plan in order to:
(1) Cleanup and prevent further pollution of the state's waters and aquatic lands;
(2) Increase public awareness;
(3) Coordinate federal, state, local, and private efforts;
(4) Foster the stewardship of the aquatic lands of the state.
[ 2005 c 155 s 901; 1989 c 23 s 1. Formerly RCW 79.97.010, 79.81.010.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Intent.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79.145.020

text:
As used in this chapter:
(1) "Department" means the department of natural resources.
(2) "Action plan" means the marine plastic debris action plan of October 1988 as presented to the commissioner by the marine plastic debris task force.
[ 2005 c 155 s 902; 1989 c 23 s 2. Formerly RCW 79.97.020, 79.81.020.]

catchline: Definitions.


title: RCW 79.145.030

text:
The department shall have the authority to coordinate implementation of the action plan with appropriate state agencies including the parks and recreation commission and the departments of ecology and fish and wildlife. The department is authorized to adopt, in consultation with affected agencies, the necessary rules to provide for the cleanup and to prevent pollution of the waters of the state and aquatic lands by plastic and other marine debris.
[ 2005 c 155 s 903; 1994 c 264 s 65; 1989 c 23 s 3. Formerly RCW 79.97.030, 79.81.030.]

catchline: Coordinating implementation—Rules.


title: RCW 79.145.040

text:
The department may enter into intergovernmental agreements with federal or state agencies and agreements with private parties deemed necessary by the department to carry out the provisions of this chapter.
[ 1989 c 23 s 4. Formerly RCW 79.97.040, 79.81.040.]

catchline: Agreements with other entities.


title: RCW 79.145.050

text:
The department is the designated agency to coordinate implementation of the action plan and is authorized to hire such employees as are necessary to coordinate the action plan among state and federal agencies, the private sector, and interested public groups and organizations. The department is authorized to contract, through an open bidding process, with interested parties to act as the information clearinghouse for marine plastic debris related issues.
[ 2005 c 155 s 904; 1989 c 23 s 5. Formerly RCW 79.97.050, 79.81.050.]


title: RCW 79.145.060

text:
The department is authorized to accept, receive, disburse, and administer grants or funds or gifts from any source including private individuals, public entities, and the federal government to supplement the funds appropriated to carry out the purposes of this chapter.
[ 2005 c 155 s 905; 1989 c 23 s 6. Formerly RCW 79.97.060, 79.81.060.]

catchline: Grants, funds, or gifts.


title: RCW 79.15.010

text:
(1) Valuable materials situated upon state lands and state forestlands may be sold separate from the land, when in the judgment of the department, it is for the best interest of the state so to sell the same.
(2) Sales of valuable materials from any university lands require:
(a) The consent of the board of regents of the University of Washington; or
(b) Legislative directive.
(3) When application is made for the purchase of any valuable materials, the department shall appraise the value of the valuable materials if the department determines it is in the best interest of the state to sell. No valuable materials shall be sold for less than the appraised value thereof.
[ 2003 c 334 s 331; 2001 c 250 s 3; 1982 1st ex.s. c 21 s 154; 1959 c 257 s 12; 1929 c 220 s 1; 1927 c 255 s 31; RRS s 7797-31. Prior: 1915 c 147 s 2; 1909 c 223 s 3; 1907 c 256 s 6; 1901 c 148 s 1; 1899 c 129 s 1; 1897 c 89 s 12; 1895 c 178 s 23. Formerly RCW 79.01.124, 79.12.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Forests and forest products: Title 76 RCW.

catchline: Valuable materials sold separately.


title: RCW 79.15.020

text:
(1) The department shall exercise general supervision and control over the sale of valuable materials.
(2) The department shall maintain all reports, data, and information in its records pertaining to a proposed sale.
(3) The department may hold a sale in abeyance pending further inspection and report and may cause such further inspection and report.
(4) The department shall determine, based on subsection (2) of this section, and if necessary the information provided under subsection (3) of this section, the terms upon which the proposed sales are consummated.
[ 2003 c 334 s 319.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Duties of department.


title: RCW 79.15.030

text:
All sales of valuable materials shall be made subject to the right, power, and authority of the department to prescribe rules or procedures governing the manner of the sale and removal of the valuable materials. Such procedures shall be binding when contained within a purchaser's contract for valuable materials and apply to the purchaser's successors in interest and shall be enforced by the department.
[ 2004 c 199 s 213; 2003 c 334 s 339; 2001 c 250 s 5; 1959 c 257 s 15; 1927 c 255 s 40; RRS s 7797-40. Prior: 1915 c 147 s 2; 1909 c 223 s 3; 1907 c 256 s 6; 1901 c 148 s 1; 1899 c 129 s 1; 1897 c 89 s 12; 1895 c 178 s 23. Formerly RCW 79.01.160, 79.12.190.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Forest protection: Chapter 76.04 RCW.

catchline: Rules or procedures for removal of valuable materials sold.


title: RCW 79.15.040

text:
The department may cause valuable materials on state lands and state forestlands to be inspected and appraised and offered for sale when authorized by the board without an application having been filed, or deposit made, for the purchase of the same.
[ 2003 c 334 s 341; 1961 c 73 s 2; 1959 c 257 s 17; 1927 c 255 s 42; RRS s 7797-42. Prior: 1915 c 147 s 2. Formerly RCW 79.01.168, 79.12.210.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Sale of valuable materials without application or deposit.


title: RCW 79.15.045

text:
A person desiring to purchase valuable materials may make application to the department on forms provided by the department and accompanied by the fee provided in RCW 79.02.250.
[ 2003 c 334 s 312.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Who may purchase—Fee.


title: RCW 79.15.050

text:
(1) Except as provided in subsection (3) of this section, all sales of valuable materials exceeding $25,000 in appraised value must be at public auction or by sealed bid to the highest bidder, provided that on public lands granted to the state for educational purposes sealed bids may be accepted for sales of timber or stone only.
(2) A direct sale of valuable materials may be sold to the applicant for cash at full appraised value without notice or advertising. The board must, by resolution, establish the value amount of a direct sale not to exceed $25,000 in appraised sale value, and establish procedures to ensure that competitive market prices and accountability are guaranteed.
(3) Direct sales of valuable materials up to $250,000 in appraised value may be sold to entities that are utilizing those valuable materials for habitat restoration projects if the following conditions are met:
(a) The department determines the direct sale is in the best interest of the state or the affected trust;
(b) The project proponent has all appropriate permits and approvals required for the habitat restoration project;
(c) The project proponent submits a report as defined by the department describing how the materials will be used in the habitat restoration project;
(d) None of the products may be resold or remanufactured for other uses by the project proponent. Project proponents may use any remaining valuable materials for subsequent habitat restoration projects that meet all of the requirements of this subsection. Any resale or remanufacture of timber is treated as a violation of RCW 79.02.320;
(e) The department appraises the valuable materials to be sold based on an arms-length market value. For purposes of this subsection, an "arms-length market value" means the cost to acquire similar materials used in aquatic restoration projects within the previous 24 months. If the department is unable to determine an arms-length market value, the appraisal shall be based on the average minimum bid for similar quality logs from the previous 12 months of department products sales contract harvest sort auctions under RCW 79.15.540; and
(f) The department collects all required fees, including those required in RCW 79.38.050.
[ 2025 c 121 s 1; 2006 c 42 s 1; 2003 c 334 s 353.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Type of sale—Direct sales.


title: RCW 79.15.055

text:
For the purposes of this chapter, "appraisal" means an estimate of the market value of valuable materials. The estimate must reflect the value based on market conditions at the time of the sale or transfer offering. The appraisal must reflect the department's best effort to establish a reasonable market value for the purpose of setting a minimum bid at auction or transfer. A purchaser of valuable materials may not rely upon the appraisal prepared by the department for purposes of deciding whether to make a purchase from the department. All purchasers are required to make their own independent appraisals.
[ 2004 c 199 s 214; 2003 c 334 s 309; 2001 c 250 s 10. Formerly RCW 79.01.082.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Appraisal—Defined.


title: RCW 79.15.060

text:
(1) For the sale of valuable materials under this chapter, if the board is required by law to appraise the sale, the board must establish a minimum appraisal value that is valid for a period of one hundred eighty days, or a longer period as may be established by resolution. The board may reestablish the minimum appraisal value at any time. For any valuable materials sales that the board is required by law to appraise, the board may by resolution transfer this authority to the department.
(2) Where the board has set a minimum appraisal value for a valuable materials sale, the department may set the final appraisal value of valuable materials for auction, which must be based on current market prices. The department may also appraise any valuable materials sale not required by law to be approved by the board.
[ 2009 c 418 s 4; 2003 c 334 s 329.]
Notes:
Findings—Intent—2009 c 418: See note following RCW 79.15.510.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Date of sale limited by time of appraisal—Transfer of authority.


title: RCW 79.15.070

text:
It is the duty of the department to fix the date, time, and place of sale.
(1) All valuable materials shall have been appraised prior to the date fixed for sale as prescribed in RCW 79.15.060.
(2) No sale may be conducted on any day that is a legal holiday.
(3) Sales must be held between the hours of 10:00 a.m. and 4:00 p.m. If all sales cannot be offered within this time period, the sale must continue on the following day between the hours of 10:00 a.m. and 4:00 p.m.
(4) Sales must take place at the department's region headquarters having jurisdiction over the respective sale or at an alternate location designated by the department.
[ 2026 c 116 s 2; 2003 c 334 s 350.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Time and date of sale.


title: RCW 79.15.080

text:
(1) Sales, other than direct sales, appraised at an amount not exceeding two hundred fifty thousand dollars, when such sales have been authorized by the board for sale, shall be advertised by publishing not less than ten days prior to sale a notice of such sale in either a newspaper of general circulation, the department's public website, or another method deemed most practical by the department.
(2) Except as provided in RCW 79.15.050 and for sales described in subsection (1) of this section, all other proposed sales of valuable materials must be advertised through individual notice of sale and publication of a statewide list of sales.
(a) The notice of sale:
(i) Must specify the place, date, and time of sale, the appraised value thereof, and describe with particularity each parcel of land from which valuable materials are to be sold. The estimated volume will be identified and the terms of sale will be available in the region headquarters and the department's Olympia office;
(ii) May prescribe that the bid deposit required in RCW 79.15.110 be considered an opening bid;
(iii) May be advertised by newspaper or by other means of publishing the information such as on the department's public website; and
(iv) Must be posted in a conspicuous place in the region headquarters administering the sale.
(b) The department shall make available a list of all valuable material on public lands that are to be sold. The list should be organized by county and by alphabetical order.
(i) The list should be made available upon request at least four weeks prior to the date of any sale and provide sale information to prospective buyers.
(ii) The department must retain for free distribution in the region headquarters offices sufficient copies of the list, to be kept in a conspicuous place, and made available upon request.
(iii) The department may seek additional means of publishing the information in the list, such as on the department's public website and other means of communication, to increase the number of prospective buyers.
(3) The department is authorized to expend any sum in additional advertising of the sales as it deems necessary.
[ 2026 c 116 s 3; 2006 c 42 s 2; 2003 c 334 s 347.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Advertising sales of valuable materials.


title: RCW 79.15.090

text:
The advertisement of sales is for informational purposes only, and under no circumstances does the information in the notice of sale constitute a warranty that the purchaser will receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
[ 2003 c 334 s 345.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Advertisement for informational purposes only.


title: RCW 79.15.100

text:
(1) Valuable materials may be sold separately from the land as a "lump sum sale" or as a "scale sale."
(a) "Lump sum sale" means any sale offered with a single total price applying to all the material conveyed.
(b) "Scale sale" means any sale offered with per unit prices to be applied to the material conveyed.
(2) Payment for lump sum sales must be made as follows:
(a) Lump sum sales under five thousand dollars appraised value require full payment on the day of sale.
(b) Lump sum sales appraised at over five thousand dollars but under one hundred thousand dollars may require full payment on the day of sale.
(c) Lump sum sales requiring full payment on the day of sale may be paid in cash or by certified check, cashier's check, bank draft, or money order, all payable to the department.
(3) Except for sales paid in full on the day of sale or sales with adequate bid bonds, an initial deposit not to exceed twenty-five percent of the actual or projected purchase price shall be made on the day of sale.
(a) Sales with bid bonds are subject to the day of sale payment and replacement requirements prescribed by RCW 79.15.110.
(b) The initial deposit must be maintained until all contract obligations of the purchaser are satisfied. However, all or a portion of the initial deposit may be applied as the final payment for the valuable materials in the event the department determines that adequate security exists for the performance or fulfillment of any remaining obligations of the purchaser under the sale contract.
(4) Advance payments or other adequate security acceptable to the department is required for valuable materials sold on a scale sale basis or a lump sum sale not requiring full payment on the day of sale.
(a) The purchaser must notify the department before any operation takes place on the sale site.
(b) Upon notification as provided in (a) of this subsection, the department must require advanced payment or may allow purchasers to submit adequate security.
(c) The amount of advanced payments or security must be determined by the department and must at all times equal or exceed the value of timber cut and other valuable materials processed or removed until paid for.
(d) Security may be bank letters of credit, payment bonds, assignments of savings accounts, assignments of certificates of deposit, or other methods acceptable to the department as adequate security.
(5) All valuable material must be removed from the sale area within the period specified in the contract.
(a) The specified period may not exceed five years from date of purchase except for stone, sand, gravel, fill material, or building stone.
(b) The specified period for stone, sand, gravel, fill material, or building stone may not exceed thirty years.
(c) In all cases, any valuable material not removed from the land within the period specified in the contract reverts to the state. The department may utilize any remaining forest biomass in accordance with chapter 79.150 RCW.
(6) The department may extend a contract beyond the normal termination date specified in the sale contract as the time for removal of valuable materials when, in the department's judgment, the purchaser is acting in good faith and endeavoring to remove the materials. The extension is contingent upon payment of the fees specified below.
(a) The extended time for removal shall not exceed:
(i) Forty years from date of purchase for stone, sand, gravel, fill material, or building stone;
(ii) A total of ten years beyond the original termination date for all other valuable materials.
(b) An extension fee fixed by the department will be charged based on the estimated loss of income per acre to the state resulting from the granting of the extension plus interest on the unpaid portion of the contract. The board must periodically fix and adopt by rule the interest rate, which shall not be less than six percent per annum.
(c) The sale contract shall specify:
(i) The applicable rate of interest as fixed at the day of sale and the maximum extension payment; and
(ii) The method for calculating the unpaid portion of the contract upon which interest is paid.
(d) The minimum extension fee is fifty dollars per extension plus interest on the unpaid portion of the contract.
(e) Moneys received for any extension must be credited to the same fund in the state treasury as was credited the original purchase price of the valuable material sold.
(7) The department may, in addition to any other securities, require a performance security to guarantee compliance with all contract requirements. The security is limited to those types listed in subsection (4) of this section. The value of the performance security will, at all times, equal or exceed the value of work performed or to be performed by the purchaser.
(8) The department does not need to comply with the provisions of this chapter for forest biomass except as described in the provisions of chapter 79.150 RCW. Forest biomass may not be included in any sales contract authorized under this chapter unless the department has complied with the provisions of chapter 79.150 RCW.
(9) The provisions of this section apply unless otherwise provided by statute.
[ 2010 c 126 s 9; 2004 c 177 s 5; 2003 c 334 s 334.]
Notes:
Effective date—2004 c 177: See note following RCW 84.33.035.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Terms and conditions of sale—Exemption for forest biomass.


title: RCW 79.15.110

text:
(1) Sales of valuable materials must be conducted under the direction of the department or its authorized representative.
(a) Sales of valuable materials, unless otherwise provided in this chapter, shall be at public auction or by sealed bid to the highest bidder, except that, on public lands granted to the state for educational purposes, sealed bids may be accepted for sales of timber or stone only.
(b) The person conducting the sale is called the auctioneer.
(2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer a bid deposit equal to the amount specified in the notice of sale plus any fees required by law for the issuance of contracts or bill of sale.
(a) The bid deposit must meet the requirements of RCW 79.15.100(3).
(b) The deposit may be in cash, or by certified check, cashier's check, or money order, all payable to the department or by bid guarantee in the form of a bid bond acceptable to the department.
(3) The bid deposit, if prescribed in the notice of sale as authorized in RCW 79.15.100, may be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale.
(4) The successful bidder's deposit will be retained by the auctioneer.
(a) Any difference between the bid deposit and the total amount due including any fees required by law shall be paid on the day of sale. Payments may be by cash, certified check, cashier's check, bank draft, or money order payable to the department.
(b) Any amount of the deposit guaranteed by a bid bond must be paid to the department within ten days of the sale day in cash, certified check, cashier's check, money order, or other acceptable payment method.
(c) Other deposits must be returned to the respective bidders at the conclusion of each sale.
(5) The auctioneer must deliver to the purchaser a memorandum of his or her purchase containing a description of the materials purchased, the price bid, and the terms of the sale.
(6) The auctioneer must at once send to the department all payments or bid guarantees received from the purchaser and a copy of the memorandum delivered to the purchaser, together with additional reports of the proceedings as required by the department.
[ 2003 c 334 s 355.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Conduct of sales.


title: RCW 79.15.120

text:
The department shall enter upon its records a confirmation of sale and issue to the purchaser a bill of sale for valuable materials if the following conditions have been met:
(1) No fewer than ten days have passed since the auctioneer's report has been filed;
(2) No affidavit is filed with the department showing that the interests of the state in the sale were injuriously affected by fraud or collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was not less than the appraised value of the material sold;
(4) The department is satisfied that the valuable material sold would not, upon being readvertised and offered for sale, sell for at least ten percent more than the price submitted by the apparent high bidder;
(5) The payment required by law to be made at the time of making the sale has been made; and
(6) The department determines the best interests of the state will be served by confirming the sale.
[ 2003 c 334 s 358.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Confirmation of sale.


title: RCW 79.15.130

text:
When valuable materials are sold separately from the land and the purchase price is paid in full, the department shall prepare a bill of sale. The bill of sale shall:
(1) State the time period for removing the material;
(2) Be signed by the commissioner and attested by the seal of the commissioner's office upon full payment of the purchase price and fees;
(3) Be issued to the purchaser upon payment of the fee for the bill of sale; and
(4) Be recorded in the department.
[ 2003 c 334 s 362; 2001 c 250 s 9; 1927 c 255 s 58; RRS s 7797-58. Formerly RCW 79.01.232, 79.12.420.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Bill of sale.


title: RCW 79.15.140

text:
(1) In the event that the department determines that regulatory requirements or some other circumstance beyond the control of both the department and the purchaser has made a valuable materials contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could not be performed. In the event of such a cancellation, the purchaser shall not be liable for the purchase price of any portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department may substitute valuable materials from another site in exchange for any valuable materials which the department determines have become impracticable to remove under the original contract. Any substituted valuable materials must belong to the identical trust involved in the original contract, and the substitute materials shall be determined by the department to have an appraised value that is not greater than the valuable materials remaining under the original contract. The substitute valuable materials and site shall remain subject to all applicable permitting requirements and the state environmental policy act, chapter 43.21C RCW, for the activities proposed at that site. In any such substitution, the value of the materials substituted shall be fixed at the purchase price of the original contract regardless of subsequent market changes. Consent of the purchaser shall be required for any substitution under this section.
[ 2003 c 334 s 364; 2001 c 250 s 18. Formerly RCW 79.01.238.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.


title: RCW 79.15.150

text:
A sale of valuable materials that has been offered, and for which there are no bids received, may be reoffered consistent with RCW 79.15.060 and 79.15.080(2)(a).
[ 2026 c 116 s 4; 2003 c 334 s 351.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reoffer.


title: RCW 79.15.210

text:
From time to time timber on state land is damaged by events such as fire, windstorms, and flooding. After such events the timber becomes very susceptible to loss of value and quality due to rot and disease. To obtain maximum value for the state, it is important to sell any damaged timber as fast as possible while providing ample protection for the physical environment and recognizing the sensitivity of removing timber from certain locations.
[ 1987 c 126 s 1. Formerly RCW 79.01.790.]

catchline: Findings—Damage to timber.


title: RCW 79.15.220

text:
When the department finds valuable materials on state land that are damaged by fire, wind, flood, or from any other cause, it shall determine if the salvage of the damaged valuable materials is in the best interest of the trust for which the land is held, which may include the salvage of forest biomass under chapter 79.150 RCW. If salvaging the valuable materials is in the best interest of the trust, the department shall proceed to offer the valuable materials for sale. The valuable materials, when offered for sale, must be sold in the most expeditious and efficient manner as determined by the department. In determining if the sale is in the best interest of the trust the department shall consider the net value of the valuable materials and relevant elements of the physical and social environment.
[ 2010 c 126 s 10; 2001 c 250 s 14; 1987 c 126 s 2. Formerly RCW 79.01.795.]

catchline: Sale of damaged valuable materials.


title: RCW 79.15.300

text:
(1) The department, upon application by any person, may enter into a contract providing for the sale and removal of rock, gravel, sand, and silt located upon state lands or state forestlands, and providing for payment to be made on a royalty basis.
(2) The issuance of a contract shall be made after public auction and shall not be issued for less than the appraised value of the material.
(3) Each application made pursuant to this section shall:
(a) Set forth the estimated quantity and kind of materials desired to be removed; and
(b) Be accompanied by a map or plat showing the area from which the applicant wishes to remove such materials.
(4) The department may in its discretion include in any contract such terms and conditions required to protect the interests of the state.
(5) Every contract shall provide for a right of forfeiture by the state, upon a failure to operate under the contract or pay royalties for periods therein stipulated. The right of forfeiture is exercised by entry of a declaration of forfeiture in the records of the department.
(6) The department may require a bond with a surety company authorized to transact a surety business in this state, as surety, to secure the performance of the terms and conditions of such contract including the payment of royalties.
(7) The amount of rock, gravel, sand, or silt taken under the contract shall be reported monthly by the purchaser to the department and payment therefor made on the basis of the royalty provided in the contract.
(8) The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel, sand, or silt pursuant to any such contract and make such other investigation and secure or receive any other evidence necessary to determine whether or not the state is being paid the full amount payable to it for the removal of such materials.
[ 2003 c 334 s 335; 1985 c 197 s 1; 1961 c 73 s 11. Formerly RCW 79.01.134.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.


title: RCW 79.15.320

text:
(1) Any county, city, or town may file with the department an application to purchase any stone, rock, gravel, or sand upon any state lands or state forestlands to be used in the construction, maintenance, or repair of any public street, road, or highway within such county, city, or town.
(2) Applications shall set forth the quantity and kind of material desired to be purchased, the location thereof, and the name, or other designation, and location of the street, road, or highway upon which the material is to be used.
(3) The department is authorized to appraise and sell the material in such a manner and upon such terms as the department deems advisable for not less than the fair market value thereof.
(4) The proceeds of any such sale shall be paid into the state treasury and credited to the fund to which the proceeds of the sale of the land upon which the material is situated would belong.
[ 2003 c 334 s 343; 1982 1st ex.s. c 21 s 155; 1927 c 255 s 44; RRS s 7797-44. Prior: 1923 c 71 s 1; 1917 c 148 s 13. Formerly RCW 79.01.176, 79.12.250.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Road material—Sale to public authorities—Disposition of proceeds.


title: RCW 79.15.400

text:
The department may issue licenses to residents of this state to enter upon lands under the administration or jurisdiction of the department for the purpose of removing therefrom, standing or downed timber which is unfit for any purpose except to be used as firewood.
[ 2003 c 334 s 230; 1975 c 10 s 1; 1945 c 97 s 1; Rem. Supp. 1945 s 7797-40a. Formerly RCW 76.20.010.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: License to remove firewood authorized.


title: RCW 79.15.410

text:
In addition to other matters which may be required to be contained in the application for a license under this chapter the applicant must certify that the wood so removed is to be only for the applicant's own personal use and in his or her own home and that the applicant will not dispose of it to any other person.
[ 2003 c 334 s 231; 1945 c 97 s 2; Rem. Supp. 1945 s 7797-40b. Formerly RCW 76.20.020.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Removal only for personal use.


title: RCW 79.15.420

text:
The application may be made to the department, and if deemed proper, the license may be issued upon the payment of two dollars and fifty cents which shall be paid into the treasury of the state by the officer collecting the same and placed in the resource management cost account or forest development account, as applicable; the license shall be dated as of the date of issuance and authorize the holder thereof to remove between the dates so specified not more than six cords of wood not fit for any use but as firewood for the use of the applicant and his or her family from the premises described in the license under such rules as the department may adopt.
[ 2003 c 334 s 232; 1975 c 10 s 2; 1945 c 97 s 3; Rem. Supp. 1945 s 7797-40c. Formerly RCW 76.20.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Issuance of license—Fee.


title: RCW 79.15.430

text:
Whenever the department determines that it is in the best interest of the state and there will be a benefit to the lands involved or a state program affecting such lands it may designate specific areas and authorize the general public to enter upon lands under its jurisdiction for the purposes of cutting and removing standing or downed timber for use as firewood for the personal use of the person so cutting and removing without a charge under such terms and conditions as it may require.
[ 2003 c 334 s 233; 1975 c 10 s 3. Formerly RCW 76.20.035.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Removal of firewood without charge.


title: RCW 79.15.440

text:
Any false statement made in the application or any violation of the provisions of RCW 79.15.400 through 79.15.430 shall constitute a gross misdemeanor and be punishable as such.
[ 2003 c 334 s 234; 1945 c 97 s 4; Rem. Supp. 1945 s 7797-40d. Formerly RCW 76.20.040.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Penalty.


title: RCW 79.15.500

text:
The definitions in this section apply throughout RCW 79.15.500 through 79.15.530 and 79.15.540 unless the context clearly requires otherwise.
(1) "Commissioner" means the commissioner of public lands.
(2) "Contract harvesting" means a timber operation occurring on state forestlands, in which the department contracts with a firm or individual to perform all the necessary harvesting work to process trees into logs sorted by department specifications. The department then sells the individual log sorts.
(3) "Department" means the department of natural resources.
(4) "Harvesting costs" are those expenses related to the production of log sorts from a stand of timber. These expenses typically involve road building, labor for felling, bucking, and yarding, as well as the transporting of sorted logs to the forest product purchasers.
(5) "Net proceeds" means gross proceeds from a contract harvesting sale less harvesting costs.
(6) "Silvicultural treatment" means any vegetative or other treatment applied to a managed forest to improve the conditions of the stand, and may include harvesting, thinning, prescribed burning, and pruning.
[ 2004 c 218 s 8; 2003 c 313 s 2.]
Notes:
Effective date—2004 c 218: See note following RCW 76.06.140.
Findings—2003 c 313: "The legislature finds that it is in the best interest of the trust beneficiaries to capture additional revenues while providing for additional environmental protection on timber sales. Further, the legislature finds that contract harvesting is one method to achieve these desired outcomes. Therefore, the legislature directs the department of natural resources to establish and implement contract harvesting where there exists the ability to increase revenues for the beneficiaries of the trusts while obtaining increases in environmental protection." [ 2003 c 313 s 1.]
Severability—2003 c 313: "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." [ 2003 c 313 s 15.]

catchline: Contract harvesting—Definitions.


title: RCW 79.15.510

text:
(1) The department may establish a contract harvesting program for directly contracting for the removal of timber and other valuable materials from state lands and for conducting silvicultural treatments consistent with RCW 79.15.540.
(2) The contract requirements must be compatible with the office of financial management's guide to public service contracts.
(3) The department may not use contract harvesting for more than twenty percent of the total annual volume of timber offered for sale. However, volume removed primarily to address an identified forest health issue under RCW 79.15.540 may not be included in calculating the annual limit of contract harvesting sales. Forest biomass resulting from harvesting to address an identified forest health issue under RCW 79.15.540 may be utilized in accordance with chapter 79.150 RCW.
[ 2010 c 126 s 11; (2010 c 126 s 12 repealed by 2017 c 64 s 2); 2009 c 418 s 2; 2004 c 218 s 6; 2003 c 313 s 3.]
Notes:
Findings—Intent—2009 c 418: "The legislature finds that it is in the best interest of the trust beneficiaries to capture additional revenues while providing for additional environmental protection and improving forest health on state trust lands. Further, the legislature finds that contract harvesting is one method to achieve these desired outcomes while also providing the department of natural resources with the ability to offer opportunities to merchandise high value wood. The legislature intends that the department of natural resources should have the ability to expand their contract sales in areas where other sales do not generate as much revenue or provide resource management benefits. The legislature further intends that the department of natural resources distribute the increased contract harvest authority across all trusts and markets." [ 2009 c 418 s 1.]
Effective date—2004 c 218: See note following RCW 76.06.140.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.


title: RCW 79.15.520

text:
(1) The contract harvesting revolving account is created in the custody of the state treasurer. All receipts from the gross proceeds of the sale of logs from a contract harvesting sale must be deposited into the account. Expenditures from the account may be used only for the payment of harvesting costs incurred on contract harvesting sales and for payment of costs incurred from silvicultural treatments necessary to improve forest health conducted under RCW 79.15.540. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The board of natural resources has oversight of the account, and the commissioner must periodically report to the board of natural resources as to the status of the account, its disbursement, and receipts. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) When the logs from a contract harvesting sale are sold, the gross proceeds must be deposited into the contract harvesting revolving account. Moneys equal to the harvesting costs must be retained in the account and be deducted from the gross proceeds to determine the net proceeds. The net proceeds from the sale of the logs must be distributed in accordance with RCW 43.30.325(1)(b). The final receipt of gross proceeds on a contract harvesting sale must be retained in the contract harvesting revolving account until all required costs for that sale have been paid. The contract harvesting revolving account is an interest-bearing account and the interest must be credited to the account. The account balance may not exceed five million dollars at the end of each calendar year. Moneys in excess of five million dollars must be disbursed according to RCW 79.22.040, 79.22.050, and 79.64.040. If the department permanently discontinues the use of contract harvesting sales, any sums remaining in the contract harvesting revolving account must be returned to the resource management cost account and the forest development account in proportion to each account's contribution to the initial balance of the contract harvesting revolving account.
[ 2009 c 418 s 3; 2004 c 218 s 7; 2003 c 313 s 4.]
Notes:
Findings—Intent—2009 c 418: See note following RCW 79.15.510.
Effective date—2004 c 218: See note following RCW 76.06.140.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.

catchline: Contract harvesting revolving account.


title: RCW 79.15.530

text:
The board of natural resources must determine whether any special appraisal practices are necessary for logs sold by the contract harvesting processes, and if so, must adopt the special appraisal practices or procedures. In its consideration of special appraisal practices, the board of natural resources must consider and adopt procedures to rapidly market and sell any log sorts that failed to receive the required minimum bid at the original auction, which may include allowing the department to set a new appraised value for the unsold sort.
The board of natural resources must establish and adopt policy and procedures by which the department evaluates and selects certified contract harvesters. The procedures must include a method whereby a certified contract harvester may appeal a decision by the department or board of natural resources to not include the certified contract harvester on the list of approved contract harvesters.
[ 2003 c 313 s 5.]
Notes:
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.

catchline: Contract harvesting—Special appraisal practices.


title: RCW 79.15.540

text:
(1) The legislature intends to ensure, to the extent feasible given all applicable trust responsibilities, that trust beneficiaries receive long-term income from timberlands through improved forest conditions and by reducing the threat of forest fire to state trust forestlands.
(2) In order to implement the intent of RCW 76.06.140, the department may initiate contract harvesting timber sales, or other silvicultural treatments when appropriate, in specific areas of state trust forestland where the department has identified forest health deficiencies as enumerated in RCW 76.06.140. All harvesting or silvicultural treatments applied under this section must be tailored to improve the health of the specific stand, must be consistent with any applicable state forest plans and other management agreements, and must comply with all applicable state and federal laws and regulations regarding the harvest of timber by the department of natural resources.
(3) In utilizing contract harvesting to address forest health issues as outlined in this section, the department shall give priority to silvicultural treatments that assist the department in meeting forest health strategies included in any management or landscape plans that exist for state forests. If such plans are not in place, the department shall prioritize silvicultural treatments for forest health with higher priority given to the protection of public health and safety, public resources as defined in RCW 76.09.020, and the long-term asset value of the trust.
[ 2007 c 109 s 2; 2004 c 218 s 5.]
Notes:
Findings—2007 c 109: "The legislature finds that chapter 218, Laws of 2004 authorized the department of natural resources to utilize contract harvesting for silvicultural treatments to improve forest health on state trust lands, in accordance with RCW 76.06.140 and 79.15.540. The legislature further finds that the use of contract harvesting for silvicultural treatments has proven effective and that continued utilization is important to improve and maintain forest health. Therefore, the legislature finds that it is necessary to remove the expiration date for this authority, set for December 31, 2007, and to continue the use of contract harvesting for silvicultural treatments to improve forest health on state trust lands." [ 2007 c 109 s 1.]
Effective date—2004 c 218: See note following RCW 76.06.140.

catchline: Intent—Contract harvesting—State trust forestland with identified forest health deficiencies.


title: RCW 79.150.010

text:
The legislature finds that the utilization of forest biomass materials located on state lands will assist in achieving the purposes of the forest biomass energy demonstration project under RCW 43.30.835, facilitate and support the emerging forest biomass market and clean energy economy, and enable the department to encourage biomass energy development on state trust lands for the trust land's potential long-term benefits to trust beneficiaries. The legislature finds that biomass utilization on state forestlands must be accomplished in a manner that retains organic components of the forest necessary to restore or sustain forest ecological functions.
[ 2010 c 126 s 1.]

catchline: Findings.


title: RCW 79.150.020

text:
(1) The department may maintain a list of all potential sources of forest biomass on state lands for the purposes of identifying and making forest biomass, as defined in RCW 79.02.010, available for sale, exploration, collection, processing, storage, stockpiling, and conversion into energy, biofuels, for use in a biorefinery, or any other similar use. Prior to entering an agreement authorized by RCW 79.150.030(1) or 79.150.040, the department shall complete an inventory of the available biomass in the area that will be subject to the agreement, except that no inventory will be required as a prerequisite for demonstration projects authorized pursuant to RCW 43.30.835. The inventory must contain, at a minimum, an estimated amount of the forest biomass available in the area that will be subject to the agreement and a determination of the ecological and operational sustainability of the volumetric limit established by the agreement under RCW 79.150.030(5).
(2) The data developed for each inventoried area will be compiled for the list authorized by this section. In order to utilize the list to limit or terminate any agreement authorized under chapter 126, Laws of 2010, the department must determine that the overall supply of forest biomass in a region or watershed has been reduced to a point such that further exploration and collection of forest biomass may not be ecologically or operationally sustainable or might otherwise threaten long-term forest health.
[ 2010 c 126 s 2.]

catchline: List of potential sources of forest biomass on state lands.


title: RCW 79.150.030

text:
(1) The department is authorized to enter forest biomass supply contracts on terms and conditions acceptable to the department for terms of up to five years, except as provided in subsection (4) of this section, for the purpose of providing a supply of forest biomass during the term of the contract except as the term of the contract may be limited under subsection (2) of this section, provided that such a contract must terminate automatically upon the removal of the agreed volume of biomass and the completion of other conditions of the contract.
(2) The department may authorize the sale of forest biomass in a contract for the sale of valuable materials under chapter 79.15 RCW provided that the department complies with the provisions of this chapter and: (a) Requires a separate bid and selects an apparent highest bidder for the forest biomass separately from the sale of valuable materials; (b) expressly includes forest biomass as an element of the sale of the valuable materials to be sold in the sales contract; or (c) a combination of (a) and (b) of this subsection. The term of the contract for the removal of biomass, if the sale is made in conformance with this subsection, must not exceed the term of the contract for valuable materials sold under chapter 79.15 RCW.
(3) The department may: (a) Enter into direct sales contracts for forest biomass, without public auction, based upon procedures adopted by the board to ensure competitive market prices and accountability; or (b) enter into contracts for forest biomass at public auction or by sealed bid to the highest bidder in a manner consistent with the sale procedures established for the sale of valuable materials in chapter 79.15 RCW or as may be adopted by the board.
(4) In the event a contracting entity makes a qualifying capital investment of fifty million dollars or more, the department may enter into an agreement for up to fifteen years. Such an agreement must include provisions that are periodically adjusted for market conditions. In addition, the conditions of the contract must include provisions that allow the department, when in the best interest of trust beneficiaries, to maintain the availability of biomass resources on state lands to existing pulp and paper operations or other existing biomass processing operations that are using such resources, in quantities typical for the period of five years preceding June 10, 2010. For the purposes of this section, "qualifying capital investment" means a planned and committed investment at the time the contract is set with the requirement that at least fifty million dollars be invested before the removal of any biomass under the contract.
(5) The department must specify in each contract an annual volumetric limit of the total cubic volume or tons of forest biomass to be supplied from a specific unit, geographically delineated area, or region within a watershed or watersheds on an ecologically and operationally sustainable basis. The department shall adopt general procedures for making the biomass supply availability determinations under this subsection. The procedures must be written to ensure that biomass utilization on forestlands managed by the department is accomplished in a manner that retains organic components of the forest necessary to restore or sustain forest ecological functions. The department shall develop utilization standards and operational methods in recognition of the variability of on-site conditions. The department may unilaterally amend the volume to be supplied by providing the contracting party with a minimum of six months notice prior to reducing the contract volume to be supplied if the department determines, under RCW 79.150.020, that the available supply has been reduced to a point such that further removal of forest biomass may not be ecologically or operationally sustainable or may adversely affect long-term forest health.
(6) At the expiration of the contract term, the department may renew the contract for up to three additional five year periods on terms and conditions acceptable to the department, if the department finds: (a) An ecologically and operationally sustainable supply of forest biomass is available for the term of the contract; (b) the payment under the contract represents the fair market value at the time of the renewal; and (c) the purchaser agrees to the estimated amount of biomass material available.
(7) Where the department sells forest biomass in a contract for sale of valuable materials under subsection (2) of this section, any valuable material conveyed as timber in such a contract must count toward the achievement of annual or decadal targets developed in the sustainable timber harvest calculation required by RCW 79.10.320, or similar targets for timber harvest volume, even where the purchaser uses that material as a biomass energy feedstock. All other biomass volume conveyed as authorized in this chapter must not be counted toward such sustainable timber harvest targets.
(8) All contractors and their operations authorized under this section shall comply with all applicable state and federal laws and regulations.
[ 2010 c 126 s 3.]

catchline: Forest biomass supply contracts.


title: RCW 79.150.040

text:
The department is authorized to lease state lands for the purpose of the sale, exploration, collection, processing, storage, stockpiling, and conversion of biomass into energy or biofuels, the development of a biorefinery, or for any other resource use derived from biomass if the department is able to obtain a fair market rental return to the state or the appropriate constitutional or statutory trust and if the lease is in the best interest of the state and the affected trust, as follows:
(1) Leases authorized under this chapter may be entered into by public auction, in accordance with the provisions of RCW 79.13.140, or by negotiation.
(2) All leases must contain such terms and conditions as may be prescribed by the department in accordance with the provision of chapter 126, Laws of 2010 and to ensure that removal of forest biomass is ecologically and operationally sustainable. Leases authorized under chapter 126, Laws of 2010 may be for a term of no more than fifty years.
(3) For leases that involve the development of biomass processing, biofuel manufacturing, or biomass energy production facilities, the department may include provisions for reduced rent until an approved plan of development is completed and the facility is operational, provided that provisions are included to require: (a) Adequate assurances to protect the department's interest in a future rental income stream; (b) the demonstration of reasonable progress consistent with an approved plan of development; and (c) a lump sum payment to the department in the amount of the difference between the fair market rent and the reduced rent, if the approved plan of development is not completed in the time required in the plan.
(4) The department may require the payment of production rent or other compensation for the use of the land and biomass materials on the land. If the department is not entering a supply contract under RCW 79.150.030 for any forest biomass to be supplied for the lease purposes from the leased land, then the department must require a royalty payment for the contribution to value of any product created by the lessee that is associated with forest biomass removed from the leased land in an amount fixed by the board.
(5) All lessees and their operations authorized under this section shall comply with all applicable state and federal laws and regulations.
[ 2010 c 126 s 4.]

catchline: Lease of state land for resource use derived from biomass.


title: RCW 79.150.050

text:
(1) For the purpose of improving forest health on state trust lands, and to better clarify the relationship of forest biomass with the by-products of forest health and fuel reduction treatments that have been traditionally utilized for other products, the department of natural resources shall evaluate how the supply agreements in RCW 79.150.030 and 79.150.040 could be utilized to sustain or create rural jobs and timber manufacturing infrastructure, and to sell state timber to traditional types of timber purchasers. The department shall report its findings to the appropriate committees of the legislature by December 15, 2010, and the evaluation must at a minimum identify how such supply agreements could:
(a) Ensure the department of natural resources meets its fiduciary responsibility to the state's trust beneficiaries;
(b) Restore or sustain a competitive market for state timber sales;
(c) Generate returns for the trust that are commensurate with fluctuating market prices; and
(d) Ensure environmental compliance with all pertinent state and federal laws, and provide for ecologically and operationally sustainable biomass removal.
(2) For the purposes of proving the concepts evaluated in this section, the department may, in addition to the authorities granted in RCW 79.150.030, establish a five-year forest health and fuel reduction supply agreement demonstration project. Solicitation of private industry partners for such a project must be competitive, must focus on areas where traditional forest products manufacturing infrastructure and rural jobs have been lost, and should consider prioritizing partners utilizing materials for both traditional forest products and biomass energy conversion.
[ 2010 c 126 s 5.]

catchline: Evaluation of supply agreements under RCW 79.150.030 and 79.150.040—Report to the legislature—Demonstration project authorized.


title: RCW 79.155.010

text:
(1) The legislature finds that since the 1980s, about seventeen percent of Washington's commercial forests have been converted to other land uses.
(2) The legislature further finds that as these forests vanish, so do the multiple benefits they provide to our communities such as local timber jobs, clean air and water, carbon storage, fish and wildlife habitat, recreation areas, and open space.
(3) The legislature further finds that it has provided policy direction to the department of natural resources to protect working forest and natural resource lands at risk of conversion, while maintaining the department's obligation to manage the state's fiduciary trust lands and financial assets in the interest of the beneficiaries of the respective trust lands and assets.
(4) The legislature further finds that there are numerous tools available to acquire open space and recreation lands, but limited tools to protect working forestlands.
(5) The legislature further finds that currently the department of natural resources lacks a full complement of policy and management tools necessary to protect or manage working forestlands at high risk of conversion.
(6) The legislature further finds that through modest enhancements to existing department of natural resources' programs and authorities, the legislature can expand Washington's ability to protect communities' working forestlands, while simultaneously improving the revenue generating performance of fiduciary trust lands managed by the department of natural resources.
(7) The legislature further finds that there has been past and present legislative intent to ensure continued public access for recreation compatible with the purposes of the lands involved.
(8) The legislature further finds that there exists an interest by local communities, governments, and conservation organizations in cooperating in the establishment of working community forests.
[ 2011 c 216 s 1.]


title: RCW 79.155.020

text:
(1) If deemed practicable by the commissioner, the department is authorized to create and manage, consistent with the provisions of this chapter, a discrete category of natural resource lands in a nonfiduciary community forestland trust. The department is authorized to assemble, hold title to, and manage directly or through mutual agreement with other landowners land suitable for sustainable forest management, to be held in the community forest trust.
(2) All land held in the community forest trust must be held by the department and actively managed, consistent with a community working forest management plan developed under RCW 79.155.080, to generate financial support for the management of the community forest trust and to advance and sustain the working forest conservation objectives established in the management plan.
[ 2011 c 216 s 2.]

catchline: Community forestland trust—Department authorized to create and manage.


title: RCW 79.155.030

text:
(1) The department must identify lands for inclusion into the community forest trust, and manage the resulting community forest trust lands, in furtherance of goals that must be identified by the department prior to the creation of a community forest.
(2) In addition to any goals for a community forest identified by the department, the community forest trust program must satisfy the following minimum program management principles:
(a) Protecting in perpetuity working forestlands that are at a significant risk of conversion to another land use;
(b) Securing financial and social viability through sound management plans and objectives that are consistent with the values of the local community;
(c) Maintaining the land in a working status, through traditional forestry, management of specialized forest products harvest consistent with chapter 76.48 RCW, land leases, renewable energy opportunities, ecosystem services such as clean water protection or carbon storage, and other sources of revenue appropriate for the community forest to generate;
(d) Generating revenue at levels that are, at a minimum, capable of reimbursing the department for management costs and providing for some reinvestment into the management objectives of the community forest;
(e) Providing for ongoing, sustainable public recreational access, local timber jobs, clean air and water, carbon storage, fish and wildlife habitat, and open space in a manner that is compatible with management plans and objectives adopted for the community forest; and
(f) Providing educational opportunities for local communities regarding the benefits that working forests provide to Washington's economy, communities, environment, and quality of life.
[ 2011 c 216 s 3.]

catchline: Identification of lands—Minimum program management principles.


title: RCW 79.155.040

text:
(1)(a) Except as limited by RCW 79.155.070, the department is authorized to acquire by purchase, gift, donation, grant, transfer, or other means other than eminent domain fee interest or a partial interest, including conservation easements, in lands or other real property suitable for management as part of the community forest trust and that are appropriate to further the goals of the community forest trust.
(b) The fair market value of any real property, and the associated valuable materials, of any land transferred into the community forest trust from state lands must be provided to the beneficiaries of the transferee [transferor] trust or used for the furtherance of the transferee [transferor] trust.
(2) The department is authorized to receive funds for purposes of establishing the community forest trust from grants, gifts, bequests, or loans, whether public or private, as well as from legislative appropriation.
(3) All acquisitions of real property for the community forest trust must be approved by the board.
[ 2011 c 216 s 4.]

catchline: Department's authority.


title: RCW 79.155.050

text:
(1) The department shall, if it establishes a community forest trust program, develop criteria to be used for the identification and prioritization of forestland that is suitable for potential inclusion in the community forest trust due to its ability to most closely satisfy the goals of the community forest trust outlined in RCW 79.155.030.
(2) In prioritizing forestland for inclusion in the community forest trust, the department shall give priority consideration to lands that are:
(a) The subject of established management and revenue production objectives of potential local community partners;
(b) At greatest risk of conversion;
(c) Helping buffer commercial public or private forestlands from encroaching development;
(d) Helping to block up other community forest assets to be managed consistently with the community forest trust acquisition;
(e) Able to be managed, considering surrounding current or expected future land use, as economically sustainable working forestland either alone or in combination with adjacent and nearby working forestland, including other lands incorporated into a community forest by the department, a local governmental entity, or a not-for-profit conservation organization managing forestlands;
(f) Eligible for trust land transfer capital appropriations;
(g) Available for acquisition through existing or new programs or funding;
(h) Supporting existing or expanded forest product manufacturing infrastructure;
(i) Useful in leveraging funds to match available acquisition moneys;
(j) Positioned to have their development rights extinguished through transfer, purchase, conservation easement, lease, or by some other comparable mechanism; or
(k) Enhancing state fiduciary trust land revenues by repositioning underperforming state trust lands to provide short and long-term revenues to that trust.
[ 2011 c 216 s 5.]

catchline: Criteria for identification and prioritization of forestlands suitable for potential inclusion in the community forest trust.


title: RCW 79.155.060

text:
(1) The department shall, if it establishes a community forest trust program, submit biennially to the office of financial management and the appropriate committees of the legislature a prioritized list that identifies nominated parcels of state land or state forestland that are suitable for transfer into the community forest trust, where such a transfer is also in the best interest of the respective trust. The department shall solicit and consider input from the board on a draft list before submitting a final prioritized list.
(2) The list of nominated parcels must reflect consideration of local nominations and the priorities outlined in RCW 79.155.050 and be delivered to the required recipients by November 1st of each even-numbered year.
[ 2011 c 216 s 6.]

catchline: Prioritized list identifying nominated parcels of state land or state forestland.


title: RCW 79.155.070

text:
(1) The department must, prior to using the authority provided in RCW 79.155.040 to acquire land for inclusion in a community forest, obtain from the local community a commitment to preserving the land as a working forest.
(2) Following initial agreement between potential local community partners and the department regarding management and revenue production objectives for the lands in question, the local commitment to preserving the land as a working forest must be demonstrated by the county, city, or other local entity providing a financial contribution to the specific community forest of at least fifty percent of the difference between the parcel's appraised fair market value and the parcel's timber and forestland value. The local community contribution may be provided through any means deemed acceptable by the department and the local contributor, including:
(a) Traditional financing or bonding;
(b) The purchase of conservation easements; or
(c) The purchase or transfer of development rights.
(3) The local financial contribution must be deposited into the parkland trust revolving fund created in RCW 43.30.385 and used solely for acquisition of the community forest trust land parcel or parcels for which it is intended.
[ 2011 c 216 s 7.]

catchline: Local community must commit to preserving land as a working forest—Financial contribution.


title: RCW 79.155.080

text:
(1) All lands transferred into community forest trust status must be managed in accordance with a postacquisition management plan developed by the department consistent with this section.
(2) After exercising the authority provided in RCW 79.155.040 to acquire land for inclusion in a community forest, the department must establish a local advisory committee in cooperation with any interested and affected local government.
(3) The department must use the local advisory committee as a source of advice and comment on a postacquisition management plan. Comments and advice should, at a minimum, include plans for how the department will maintain the land's working status and economic viability objectives through revenue-generating activities that are sufficient to generate ongoing revenue at a level that reimburses administrative costs, while satisfying, or contributing to, identified community conservation and recreation objectives.
(4)(a) If, after a good faith effort by all parties, the department and the local advisory committee fail to reach a consensus on a conceptual postacquisition management plan for the parcel in question, the department may either adopt a management plan informed by the community or recommend to the board that the parcel be divested through the existing authority of the department and the board. If the parcel is divested, then, except as otherwise provided in this subsection, proceeds must return to the parkland trust revolving fund created in RCW 43.30.385.
(b) Prior to depositing the proceeds of a land divestiture under this subsection to the parkland trust revolving fund, the department must first reimburse local entities that have made financial contributions to the parcel's acquisition as provided in RCW 79.155.070(2). However, local entities are only eligible for reimbursement upon divestiture under this subsection if the board determines that:
(i) The subsequent parcel use is likely to remain a working forest, the department secures full fair market value for the parcel, and the local entity's contribution was not provided by a state or federal grant; or
(ii) The funds used as part of the local contribution were originally provided through a grant that requires, as a condition of the grant, the repayment of granted dollars if the purposes of the grant are not or cannot be fulfilled and the decision to divest the land creates an inability for the purposes of the grant to be fulfilled.
[ 2011 c 216 s 8.]

catchline: Postacquisition management plan.


title: RCW 79.155.090

text:
(1) Any revenue produced on community forest trust lands must be allocated as follows:
(a) All costs incurred by the department in managing the parcel must be fully reimbursed; and
(b) After the department's management costs are reimbursed, any remaining revenue must then be prioritized to fulfill the management objectives for the specific parcel as identified in the postacquisition management plan developed under RCW 79.155.080 consistent with the management principles outlined in RCW 79.155.030.
(2)(a) If, by the determination of the board, there is revenue remaining in any given biennium after fulfilling the requirements of subsection (1) of this section, then the board has the discretion to reimburse any local entities' eligible financial contributions for acquisition of the parcel under RCW 79.155.070(2) and any state contribution to the acquisition of the parcel up to an amount that represents fifty percent of the difference between the parcel's original appraised fair market value and the parcel's timber and forestland value. However, any funds used as part of the local contribution may not be reimbursed if the funds were originally provided through a state or federal grant, provided through a fully compensated transfer of development rights at fair market value, or provided by a donation of funds or property.
(b) If the board decides to reimburse the state and local contribution, then it must allocate the reimbursement so that fifty percent is provided to the state general fund and fifty percent is provided to any eligible partnering local entities.
(c) Nothing in this section creates an expectation, requirement, or fiduciary duty for the board or the associated community forest trust lands to generate revenue in excess of amounts as provided in subsection (1)(a) of this section.
[ 2014 c 32 s 5; 2011 c 216 s 9.]

catchline: Use of revenue produced on community forest trust lands.


title: RCW 79.155.100

text:
By September 1, 2014, and periodically, but at least once every ten years thereafter, the department shall provide to the board a review and update of the community forest trust program. The review must include updates on the performance of the community forest trust statewide and notification of any community forest trust parcels not performing according to their management plan. The department is authorized to, consistent with this chapter, recommend to the board action to divest itself of nonperforming community forest trust parcels using existing policies and mechanisms available to the department and the board.
[ 2011 c 216 s 10.]

catchline: Periodic review and update of community forest trust program.


title: RCW 79.155.110

text:
(1) The commissioner may establish and maintain a statewide advisory committee to assist the department in the implementation of this chapter.
(2) If a statewide advisory committee is established, the commissioner shall appoint a balanced representation of interests on the committee, including representatives of state fiduciary trust land beneficiaries, tribal governments, local governments, relevant state agencies, commercial forestland owners, land trusts, and conservation organizations.
(3) The statewide advisory committee shall provide consultation on issues and questions presented by the commissioner and may be dissolved by the commissioner at any time.
(4) Participation on the statewide advisory committee is voluntary and members are not eligible for any form of compensation nor for reimbursement for expenses incurred due to service on the committee.
[ 2011 c 216 s 11.]

catchline: Statewide advisory committee.


title: RCW 79.155.120

text:
(1) The commissioner may, if deemed practicable and beneficial by the commissioner, cooperate with interested local governments in establishing community forest districts or local working forest districts that are compatible with the goals identified in this chapter for the community forest trust. Cooperative districts would attempt to voluntarily synchronize the management of community forest trust lands, other public lands, and private lands located within a certain geographic area to further a common set of community goals. If a working forest district encompasses state lands or state forestlands, then their voluntary management to further a common set of community goals must be consistent with the department's fiduciary and other legal obligations to the trust, including the multiple use act in chapter 79.10 RCW.
(2)(a) The department may, in its sole discretion and if it deems sufficient funding to be available, provide technical assistance grants to local communities for the purpose of enabling or furthering the development of community forest management plans consistent with this chapter.
(b) This subsection does not create a private right of action.
[ 2011 c 216 s 12.]

catchline: Establishing community forest districts/local working forest districts—Technical assistance grants.


title: RCW 79.155.130

text:
The authorities granted under Title 79 RCW for the management of state lands apply to the community forest trust to the extent consistent with the purposes of chapter 216, Laws of 2011. The department may develop management procedures deemed necessary by the department to implement chapter 216, Laws of 2011.
[ 2011 c 216 s 18.]

catchline: Authority to manage state lands—Authority to develop management procedures.


title: RCW 79.155.140

text:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired from private landowners for the purposes of this chapter 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 equal to the amount of weed control assessment that would be due 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. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
[ 2013 2nd sp.s. c 11 s 14.]

catchline: Distribution of an amount in lieu of real property taxes.


title: RCW 79.155.150

text:
The community forest trust account is created in the state treasury. All moneys received for the acquisition, sale, management, and administration of the department's duties under this chapter for community forest trust lands including, but not limited to, proceeds from the sale of valuable materials from community forest trust lands, interest earned on investments in the account, and all other revenue related to community forest trust lands created or acquired pursuant to this chapter must be deposited into the account. The account is authorized to receive fund transfers and appropriations from the general fund, as well as gifts, grants, and endowments from public or private sources as may be made from time to time. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the commissioner to reimburse management costs incurred by the department on community forest trust lands, for the acquisition of interests in land or other real property to be managed as community forest trust lands, for technical assistance grants pursuant to RCW 79.155.120, and for all other purposes consistent with this chapter. However, the board may authorize any expenditures made to: (1) Reimburse state and local governmental entities' eligible financial contributions for the acquisition of community forest trust lands under RCW 79.155.090; or (2) acquire real property for the community forest trust under RCW 79.155.040(3).
[ 2014 c 32 s 1.]

catchline: Community forest trust account.


title: RCW 79.160.005

text:
(1) The legislature finds that nearshore habitat is amongst the most important for threatened and endangered species of salmon, yet nearshore habitat in populated areas is often negatively impacted by man-made structures. There is a growing problem where aquatic or overwater structures become derelict or fall into disrepair. These derelict aquatic structures are public nuisances and safety hazards as they can pose risks to navigation, harm nearshore habitat for threatened and endangered species, detract from the aesthetics of Washington's waterfronts, and threaten the environment with the potential release of hazardous materials.
(2) The legislature further finds that the costs associated with the proper removal or repair of derelict aquatic structures are substantial and that in many cases owners of these structures lack the financial means to address the safety and environmental hazards the structures pose. As a result, the costs associated with the removal or repair of derelict structures becomes a burden on public entities and the taxpaying public.
(3) The legislature also finds that removal of derelict aquatic structures and restoration of surrounding habitat improves nearshore habitat quality.
[ 2023 c 227 s 1.]

catchline: Findings.


title: RCW 79.160.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.
(2) "Department" means the department of natural resources.
(3) "Derelict aquatic structure" means overwater and in-water structures where, as a result of catastrophic damage or disuse or neglect, conditions exist that make the structure unsafe for use, pose a hazard, or pose risks to public health or safety or the surrounding environment. Factors that indicate an aquatic structure is derelict include, but are not limited to, structures that:
(a) Are unsecured;
(b) Are abandoned and partially constructed;
(c) Are at risk of partial or full collapse;
(d) Are dilapidated by being in a state of disrepair due to catastrophic damage or disuse or neglect;
(e) Have received a notice from a building or safety authority with jurisdiction that identified structural defects that prohibit the structure from being used;
(f) Increase the risk of fire, accident, or environmental harm; or
(g) Otherwise represent a risk to public or environmental health or safety.
(4) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a structure by purchase, exchange, gift, lease, inheritance, or legal action whether or not the structure is subject to a security interest.
[ 2023 c 227 s 2.]

catchline: Definitions.


title: RCW 79.160.020

text:
(1) To the extent not granted under other statutes, the department is granted authority to purchase, or acquire through gift, exchange, or other transfer, lands and facilities to carry out the purposes of this title. Following purchase or acquisition, the department also has the authority, subject to the processes and limitations of this chapter, to remove, salvage, scrap, dispose of, refurbish, or repurpose a derelict aquatic structure found on or above aquatic lands within the jurisdiction of the department. Any removal and disposal must be done in an environmentally sound manner and in accordance with all federal, state, and local laws, including the state solid waste disposal provisions provided for in chapter 70A.205 RCW.
(2) The primary responsibility to remove a derelict aquatic structure belongs to the owner or lessee of the structure, and secondarily to the department when it has jurisdiction over the aquatic lands on which the structure lies.
[ 2023 c 227 s 3.]

catchline: Department's authority to acquire lands and facilities.


title: RCW 79.160.030

text:
(1) Derelict aquatic structures will be disposed of by the department or an approved contractor in any appropriate and environmentally sound manner.
(2) Preference must be given to the least costly, environmentally sound, reasonable disposal option. Any disposal operations must be consistent with the requirements of all permitting authorities and state solid waste disposal provisions provided for in chapter 70A.205 RCW.
[ 2023 c 227 s 4.]

catchline: Disposal of derelict aquatic structures.


title: RCW 79.160.040

text:
(1) The department shall submit all qualifying derelict aquatic structure removal projects or project elements on aquatic lands not managed by a port district under RCW 79.105.420 to the Puget Sound partnership nearshore credits program or other similar mitigation credit programs to generate conservation credits to help federal permit applicants meet obligations to offset impacts from their aquatic projects.
(2) Any payments or revenues the department receives from the sale of credits in the nearshore credits program or other similar mitigation credit program must be directed to the derelict structure removal account.
[ 2023 c 227 s 5.]

catchline: Conservation credits—Deposit of payments or revenues.


title: RCW 79.160.050

text:
(1)(a) The derelict structure removal account is created in the state treasury. All receipts from mitigation credit programs and those moneys specified must be deposited into the account. The account is authorized to receive fund transfers and appropriations from the general fund, as well as gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income according to the terms of the gifts, grants, or endowments provided those terms do not conflict with any provisions of this section or any guidelines developed to prioritize reimbursement of projects associated with this chapter.
(b) Funds in the account resulting from transfers from the general fund should be prioritized for the removal of large structures.
(c) Moneys in the account may only be spent after appropriation.
(2) Priority for use of this account is for the removal, remediation, and revitalization of derelict aquatic structures that are in danger of collapsing, breaking up, or blocking navigation channels, or that present environmental risks or significant habitat impacts. The department must develop criteria, in the form of informal guidelines, to prioritize removal projects associated with this chapter, but may not consider whether the applicant is a state or local entity when prioritizing by January 1, 2024.
[ 2023 c 227 s 6.]

catchline: Derelict structure removal account.


title: RCW 79.160.060

text:
The department may enter into a contract with a private company, individuals, tribal nation, or state and local government agencies to carry out the authority granted in this chapter.
[ 2023 c 227 s 7.]

catchline: Department authorized to enter into contracts.


title: RCW 79.160.070

text:
The department shall establish a grant program for lessees of state-owned aquatic land who need financial assistance to comply with the department's habitat stewardship measures for the protection of nearshore habitat. The department shall establish grant eligibility criteria and amounts by July 1, 2024.
[ 2023 c 227 s 8.]

catchline: Establishment of a grant program.


title: RCW 79.160.080

text:
The department may also acquire aquatic structures and facilities that do not meet the definition of derelict aquatic structures, but which could provide habitat benefits or amenities for the local community if either refurbished or repurposed, or both. The department may partner with a local government, government agency, tribal nation or corporation, or nonprofit group to refurbish or repurpose an aquatic structure or facility.
[ 2023 c 227 s 9.]

catchline: Department authorized to acquire certain structures or facilities to be refurbished or repurposed.


title: RCW 79.160.090

text:
(1) This chapter is not intended to limit or constrain the ability and authority of any entity to enact and enforce ordinances or other regulations relating to derelict aquatic structures, or to take any actions authorized by federal or state law in responding to derelict or abandoned structures. This chapter is also not intended to be the sole remedy available to the department against the owners of derelict aquatic structures.
(2) The rights granted by this chapter are in addition to any other legal rights the department may have to obtain title to, remove, recover, sell, or dispose of a derelict aquatic structure, and in no way does this chapter alter those rights, or affect the priority of other liens on a structure.
[ 2023 c 227 s 10.]

catchline: Limitations of chapter's authority.


title: RCW 79.17.010

text:
(1) The department, with the approval of the board, may exchange any state land and any timber thereon for any land of equal value in order to:
(a) Facilitate the marketing of forest products of state lands;
(b) Consolidate and block-up state lands;
(c) Acquire lands having commercial recreational leasing potential;
(d) Acquire county-owned lands;
(e) Acquire urban property which has greater income potential or which could be more efficiently managed by the department in exchange for state urban lands as defined in RCW 79.19.100; or
(f) Acquire any other lands when such exchange is determined by the board to be in the best interest of the trust for which the state land is held.
(2) Land exchanged under this section shall not be used to reduce the publicly owned forestland base.
(3) The board shall determine that each land exchange is in the best interest of the trust for which the land is held prior to authorizing the land exchange.
(4)(a) During the biennium ending June 30, 2013, for the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the resource management cost account to pay for administrative expenses incurred in carrying out an exchange transaction. These administrative expenses include road maintenance and abandonment expenses. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.
(b) During the biennium ending June 30, 2015, for the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the resource management cost account to pay for administrative expenses incurred in carrying out an exchange transaction. These administrative expenses include road maintenance and abandonment expenses. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.
(5) Prior to executing an exchange under this section, and in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members, other state and federal agencies, local governments, tribes, local stakeholders, conservation groups, and any other interested parties to identify and address cultural resource issues and the potential of the state lands proposed for exchange to be used for open space, park, school, or critical habitat purposes.
[ 2013 2nd sp.s. c 19 s 7034; 2012 2nd sp.s. c 2 s 6006; 2009 c 497 s 6024; 2008 c 328 s 6012. Prior: 2003 1st sp.s. c 25 s 939; 2003 c 334 s 452; 1987 c 113 s 1; 1983 c 261 s 1; 1973 1st ex.s. c 50 s 2; 1961 c 77 s 4; 1957 c 290 s 1. Formerly RCW 79.08.180.]
Notes:
Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.
Effective date—2012 2nd sp.s. c 2: See note following RCW 43.155.050.
Effective date—2009 c 497: See note following RCW 28B.15.210.
Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent—2003 c 334: See note following RCW 79.02.010.
Exchange to block up holdings: RCW 79.17.020, 79.17.060.

catchline: Exchange of state lands—Purposes—Conditions.


title: RCW 79.17.020

text:
(1) The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and state forestland owned by the state under the jurisdiction of the department, for real property of equal value for the purpose of consolidating and blocking up the respective landholdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential. The board shall also have the authority to exchange state forestland for the purpose of obtaining land with greater natural resource or income-producing potential, when in the best interest of the state or affected trust. State forestland exchanged under this section may not be used to reduce the publicly owned forestland base.
(2) Prior to executing an exchange under this section, and in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members, other state and federal agencies, local governments, federally recognized Indian tribes, local stakeholders, conservation groups, and any other interested parties to identify and address cultural resource issues, and the potential of the state lands proposed for exchange to be used for open space, park, school, or critical habitat purposes.
[ 2023 c 383 s 4; 2013 2nd sp.s. c 19 s 7035; 2012 2nd sp.s. c 2 s 6007; 2009 c 497 s 6025; 2008 c 328 s 6013. Prior: 2003 1st sp.s. c 25 s 937; 2003 c 334 s 209; 1973 1st ex.s. c 50 s 1; 1961 c 77 s 1; 1937 c 77 s 1; RRS s 5812-3e. Formerly RCW 76.12.050.]
Notes:
Findings—2023 c 383: See note following RCW 79.17.300.
Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.
Effective date—2012 2nd sp.s. c 2: See note following RCW 43.155.050.
Effective date—2009 c 497: See note following RCW 28B.15.210.
Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Exchange of lands to consolidate and block up holdings or obtain lands having commercial recreational leasing potential—Board's authority to exchange state forestland—Consultation with interested parties.


title: RCW 79.17.030

text:
For the purpose of securing an area suitable for a demonstration forest and forest experiment station for the University of Washington authority is hereby granted the board of regents of the University of Washington and the department with the approval of the board, acting with the advice and approval of the attorney general, to exchange all or any portion of the granted lands of the University of Washington assigned for the support of said university by section 9 of chapter 122 of the act of March 14, 1893, enacted by the legislature of Washington, being entitled, "An act providing for the location, construction and maintenance of the University of Washington, and making an appropriation therefor, and declaring an emergency," for all or any portion of such lands as may be acquired by the state under and by virtue of chapter 102, Laws of 1913, being: "An act relating to lands granted to the state for common schools and for educational, penal, reformatory, charitable, capitol buildings and other purposes providing for the completion of such grants and the relinquishment of certain granted lands; and making an appropriation," approved March 18, 1913, by exchange with the United States in the Pilchuck-Sultan-Wallace watersheds included within the present boundaries of the Snoqualmie national forest. The board of regents and department with the advice and approval required by this section are hereby authorized to execute such agreements, writings, or relinquishments as are necessary or proper for the purpose of carrying said exchange into effect and such agreements or other writings to be executed in duplicate, one to be filed with the department and one to be delivered to the board of regents. The exchange shall be made upon the basis of equal values to be determined by careful valuation of the areas to be exchanged.
[ 2003 c 334 s 446; 1917 c 66 s 1; RRS s 7848. Formerly RCW 79.08.070.]
Notes:
Reviser's note: 1893 c 122 s 9 referred to herein reads as follows: "That 100,000 acres of the lands granted by section 17 of the enabling act, approved February 22, 1889, for state, charitable, educational, penal and reformatory institutions are hereby assigned for the support of the University of Washington."
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: University demonstration forest and experiment station.


title: RCW 79.17.040

text:
The department may exchange surplus real property previously acquired by the department as administrative sites. The property may be exchanged for any public or private real property of equal value, to preserve archaeological sites on trust lands, to acquire land to be held in natural preserves, to maintain habitats for endangered species, or to acquire or enhance sites to be dedicated for recreational purposes.
[ 2003 c 334 s 453; 1979 c 24 s 1. Formerly RCW 79.08.250.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Exchange of property acquired as administrative sites—Purposes.