reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.300 - Lease of tidelands set aside as oyster reserves.

RCW 79.135.300
Lease of tidelands set aside as oyster reserves.
The department is authorized to lease first or second-class tidelands which have been or that are set aside as state oyster reserves in the same manner as provided elsewhere in this chapter for the lease of those lands.
[ 2005 c 155 § 710; 1982 1st ex.s. c 21 § 142. Formerly RCW 79.96.090.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.310 - Inspection by director of fish and wildlife.

RCW 79.135.310
Inspection by director of fish and wildlife.
The department, upon the receipt of an application for the lease of any first or second-class state-owned tidelands that are set aside as state oyster reserves, shall notify the director of fish and wildlife of the filing of the application describing the lands applied for. It is the duty of the director of fish and wildlife to inspect the reserve for the purpose of determining whether the reserve or any part of the reserve should be retained as a state oyster reserve or vacated.
[ 2005 c 155 § 711; 1994 c 264 § 71; 1982 1st ex.s. c 21 § 143. Formerly RCW 79.96.100.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.320 - Vacation of reserve—Lease of lands—Designated state oyster reserve lands.

RCW 79.135.320
Vacation of reserve—Lease of lands—Designated state oyster reserve lands.
(1) In the event that the fish and wildlife commission approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the department.
(2) Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other provision of state law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands.
[ 2005 c 155 § 712; 2001 c 273 § 4; 2000 c 11 § 30; 1994 c 264 § 72; 1982 1st ex.s. c 21 § 144. Formerly RCW 79.96.110.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.400 - Seaweed—Marine aquatic plants defined.

RCW 79.135.400
Seaweed—Marine aquatic plants defined.
Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.
"Marine aquatic plants" means saltwater marine plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free-floating state. Marine aquatic plants include but are not limited to seaweed of the classes Chlorophyta, Phaeophyta, and Rhodophyta.
[ 1993 c 283 § 2. Formerly RCW 79.96.200, 79.01.800.]
NOTES:
Findings—1993 c 283: "The legislature finds that the plant resources of marine aquatic ecosystems have inherent value and provide essential habitat. These resources are also becoming increasingly valuable as economic commodities and may be declining. The legislature further finds that the regulation of harvest of these resources is currently inadequate to afford necessary protection." [ 1993 c 283 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.410 - Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.

RCW 79.135.410
Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.
(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all state-owned aquatic lands and all privately owned tidelands is ten pounds per person. The department in cooperation with the department of fish and wildlife may establish seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from state-owned aquatic lands, and all privately owned tidelands is prohibited. This subsection shall in no way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus Macrocystis into Washington state for the herring spawn-on-kelp fishery is subject to the fish and shellfish disease control policies of the department of fish and wildlife. Macrocystis shall not be imported from areas with fish or shellfish diseases associated with organisms that are likely to be transported with Macrocystis. The department shall incorporate this policy on Macrocystis importation into its overall fish and shellfish disease control policies.
[ 2005 c 155 § 715; 2003 c 334 § 442; 1996 c 46 § 1; 1994 c 286 § 1; 1993 c 283 § 3. Formerly RCW 79.96.210, 79.01.805.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: "This act shall take effect July 1, 1994." [ 1994 c 286 § 6.]
Findings—1993 c 283: See note following RCW 79.135.400.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.420 - Seaweed—Harvest and possession violations—Penalties and damages.

RCW 79.135.420
Seaweed—Harvest and possession violations—Penalties and damages.
(1) It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.135.410.
(2) A violation of this section is a misdemeanor, and a violation taking place on state-owned aquatic lands is subject to the provisions of RCW 79.02.300.
(3) A person committing a violation of this section on private tidelands which he or she owns is liable to the state for treble the amount of damages to the seaweed resource, and a person trespassing on privately owned tidelands and committing a violation of this section is liable to the private tideland owner for treble the amount of damages to the seaweed resource. Damages recoverable include, but are not limited to, damages for the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
[ 2005 c 155 § 716. Prior: 2003 c 334 § 443; 2003 c 53 § 380; 1994 c 286 § 2; 1993 c 283 § 4. Formerly RCW 79.96.220, 79.01.810.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1994 c 286: See note following RCW 79.135.410.
Findings—1993 c 283: See note following RCW 79.135.400.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.430 - Seaweed—Enforcement.

RCW 79.135.430
Seaweed—Enforcement.
The department of fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.135.410 and 79.135.420.
[ 2005 c 155 § 717; 2003 c 334 § 444; 1994 c 286 § 3; 1993 c 283 § 5. Formerly RCW 79.96.230, 79.01.815.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 286: See note following RCW 79.135.410.
Findings—1993 c 283: See note following RCW 79.135.400.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.900 - Savings—1982 1st ex.s. c 21.

RCW 79.135.900
Savings—1982 1st ex.s. c 21.
The enactment of this act including all repeals, decodifications, and amendments shall not be construed as affecting any existing right acquired under the statutes repealed, decodified, or amended or under any rule, regulation, or order issued pursuant thereto; nor as affecting any proceeding instituted thereunder.
[ 1982 1st ex.s. c 21 § 181. Formerly RCW 79.96.901.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.901 - Captions—1982 1st ex.s. c 21.

RCW 79.135.901
Captions—1982 1st ex.s. c 21.
Chapter and section headings as used in this act do not constitute any part of the law.
[ 1982 1st ex.s. c 21 § 182. Formerly RCW 79.96.902.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.903 - Effective date—1982 1st ex.s. c 21 §§ 176 and 179.

RCW 79.135.903
Effective date—1982 1st ex.s. c 21 §§ 176 and 179.
Sections 176 (amending RCW 79.01.525) and 179 (creating a new section providing for an aquatic lands joint legislative committee) of this act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1982 1st ex.s. c 21 § 185. Formerly RCW 79.96.904.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.904 - Effective date—1982 1st ex.s. c 21.

RCW 79.135.904
Effective date—1982 1st ex.s. c 21.
Except as provided in *RCW 79.96.904, this act shall take effect July 1, 1983.
[ 1982 1st ex.s. c 21 § 186. Formerly RCW 79.96.905.]
NOTES:
*Reviser's note: RCW 79.96.904 was recodified as RCW 79.135.903 pursuant to 2005 c 155 § 1010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.010 - Manner of sale—Notice.

RCW 79.140.010
Manner of sale—Notice.
(1) When the department decides to sell any valuable materials situated within or upon any state-owned aquatic lands, it is the duty of the department to fix the date, place, and time of sale, and no sale shall be had on any day that is a legal holiday.
(2) The department shall give notice of the sale by advertisement published once a week for four consecutive weeks immediately preceding the date fixed for sale in the notice, in at least one newspaper published and of general circulation in the county in which the whole or any part of any lot, block, or tract of land containing the valuable material to be sold is situated, and by causing a copy of the notice to be posted in a conspicuous place in the department's Olympia office and the region headquarters administering the sale.
(3) The notice shall: (a) Specify the place and time of sale; (b) estimate the volume of valuable materials; (c) state the appraised value; (d) describe with particularity each parcel of land from which valuable materials are to be sold; and (e) specify that the terms of sale will be posted in the area headquarters and the department's Olympia office.
[ 2005 c 155 § 801. FORMERLY PART OF RCW 79.90.170.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.020 - List of valuable materials.

RCW 79.140.020
List of valuable materials.
The department shall print a list of valuable materials contained within or upon state-owned aquatic lands, giving appraised value, character of the land, and such other information as may be of interest to prospective buyers. The lists must be issued at least four weeks prior to the date of any sale. The department shall retain for free distribution in its office in Olympia and the regional offices sufficient copies of the lists, to be kept in a conspicuous place or receptacle on the counter of the general and regional office of the department, and, when requested, shall mail copies of the list as issued to any applicant.
[ 2005 c 155 § 802. FORMERLY PART OF RCW 79.90.180.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.030 - Expenditures for advertising.

RCW 79.140.030
Expenditures for advertising.
The department is authorized to expend any sum in additional advertising of the sale as is determined to be in the best interests of the state.
[ 2005 c 155 § 803. FORMERLY PART OF RCW 79.90.190.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.040 - Reoffer of sale—Readvertised.

RCW 79.140.040
Reoffer of sale—Readvertised.
Any sale that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as specified in RCW 79.140.010 through 79.140.030. If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day between the hours of ten o'clock a.m. and four o'clock p.m.
[ 2005 c 155 § 804. FORMERLY PART OF RCW 79.90.200.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.050 - Sale by public auction/sealed bid—Exception.

RCW 79.140.050
Sale by public auction/sealed bid—Exception.
All sales of valuable materials shall be at public auction or by sealed bid to the highest responsible bidder, on the terms prescribed by law and as specified in the notice provided, and no land or materials shall be sold for less than their appraised value. However:
(1) When valuable material has been appraised at an amount not exceeding one hundred thousand dollars, the department, when authorized by the board, may arrange for the sale at public auction of said valuable material and for its removal under such terms and conditions as the department may prescribe, after the department shall have caused to be published not less than ten days prior to sale a notice of such sale in a newspaper of general circulation located nearest to the property to be sold;
(2) Any sale of valuable material on state-owned aquatic lands of an appraised value of ten thousand dollars or less may be sold directly to the applicant for cash without notice or advertising.
[ 2005 c 155 § 805. FORMERLY PART OF RCW 79.90.210.]
NOTES:
Sales of aquaculture products by a leaseholder: RCW 79.135.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.060 - Determination of highest responsible bidder.

RCW 79.140.060
Determination of highest responsible bidder.
(1) To determine the "highest responsible bidder" under RCW 79.140.050, the department shall be entitled to consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to perform the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying with terms and conditions of any other contracts with the state or relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a sale within the previous five years but failed to complete the sale, such as by not entering into a resulting contract or by not paying the difference between the deposit and the total amount due. However, sales that were bid prior to January 1, 2003, may not be considered for the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to the public lands or natural resources of the state of Washington, the United States, or any other state, tribe, or country, where "conviction" includes a guilty plea, or unvacated forfeiture of bail;
(f) Whether the bidder is owned, controlled, or managed by any person, partnership, or corporation that is not responsible under this statute; and
(g) Whether the subcontractors of the bidder, if any, are responsible under this statute.
(2) Whenever the department has reason to believe that the apparent high bidder is not a responsible bidder, the department may award the sale to the next responsible bidder or the department may reject all bids pursuant to RCW 79.140.080.
[ 2005 c 155 § 806. FORMERLY PART OF RCW 79.90.215.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.070 - Sales by public auction—Procedure.

RCW 79.140.070
Sales by public auction—Procedure.
(1) Sales by public auction under this chapter shall be conducted under the direction of the department, by its authorized representative. The department's representatives are referred to as auctioneers.
(2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or by certified check, cashier's check, or postal money order payable to the order of the department, or by bid guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice of sale. The deposit shall include a specified amount of the appraised price for the valuable materials offered for sale, together with any fee required by law for the issuance of contracts or bills of sale. The deposit may, when prescribed in the notice of sale, be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale. The successful bidder's deposit will be retained by the auctioneer and the difference, if any, between the deposit and the total amount due shall on the day of the sale be paid in cash, certified check, cashier's check, draft, postal money order, or by personal check made payable to the department. If a bid bond is used, the share of the total deposit due guaranteed by the bid bond shall, within ten days of the day of sale, be paid in cash, certified check, cashier's check, draft, or postal money order payable to the department. Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale.
(3) The auctioneer shall deliver to the purchaser a memorandum of purchase containing a description of the materials purchased, the price bid, and the terms of the sale.
(4) The auctioneer shall at once send to the department the cash, certified check, cashier's check, draft, postal money order, or bid guarantee received from the purchaser, and a copy of the memorandum delivered to the purchaser, together with such additional report of the auctioneer's proceedings with reference to the sales as may be required by the department.
[ 2005 c 155 § 807. FORMERLY PART OF RCW 79.90.220.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.080 - Confirmation of sale.

RCW 79.140.080
Confirmation of sale.
(1) A sale of valuable materials shall be confirmed if:
(a) No affidavit showing that the interest of the state in such a sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report of the auctioneer conducting the sale;
(b) It appears from the report that the sale was fairly conducted, that the purchaser was the highest responsible bidder at the sale, and that the sale price is not less than the appraised value of the property sold;
(c) The department is satisfied that the material sold would not, upon being readvertised and offered for sale, sell for a substantially higher price; and
(d) The payment required by law to be made at the time of making the sale has been made, and that the best interests of the state are being served.
(2) Upon confirming a sale, the department shall enter upon its records the confirmation of sale and issue to the purchaser a contract of sale or bill of sale as the case may be, as is provided for in this chapter.
[ 2005 c 155 § 808. FORMERLY PART OF RCW 79.90.240.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.100 - Valuable materials from Columbia river—Agreements with Oregon.

RCW 79.140.100
Valuable materials from Columbia river—Agreements with Oregon.
The department is authorized and empowered to confer with and enter into any agreements with the public authorities of the state of Oregon, which in the judgment of the department will assist the state of Washington and the state of Oregon in securing the maximum revenues for sand, gravel, or other valuable materials taken from the bed of the Columbia river where the river forms the boundary line between the states.
[ 2005 c 155 § 109; 1991 c 322 § 24; 1982 1st ex.s. c 21 § 19. Formerly RCW 79.90.130.]
NOTES:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.110 - Material removed for channel or harbor improvement or flood control—Use for public purpose.

RCW 79.140.110
Material removed for channel or harbor improvement or flood control—Use for public purpose.
When gravel, rock, sand, silt, or other material from any state-owned aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of the material may be authorized by the department for a public purpose on land owned or leased by the state or any municipality, county, or public corporation. However, when no public land site is available for deposit of the material, its deposit on private land with the landowner's permission is authorized and may be designated by the department to be for a public purpose. Prior to removal and use, the state agency, municipality, county, or public corporation contemplating or arranging the use shall first obtain written permission from the department. No payment of royalty shall be required for the gravel, rock, sand, silt, or other material used for the public purpose, but a charge will be made if the material is subsequently sold or used for some other purpose. Further, the department may authorize the public agency or private landowner to dispose of the material without charge when necessary to implement disposal of material. No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site. No charge shall be required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments. Public purposes include, but are not limited to, construction and maintenance of roads, dikes, and levies. Nothing in this section shall repeal or modify the provisions of *RCW 77.55.100 or eliminate the necessity of obtaining a permit for the removal from other state or federal agencies as otherwise required by law.
[ 2005 c 155 § 110; 2003 c 39 § 41; 1991 c 337 § 1; 1982 1st ex.s. c 21 § 21. Formerly RCW 79.90.150.]
NOTES:
*Reviser's note: RCW 77.55.100 was repealed by 2005 c 146 § 1006. For later enactment, see RCW 77.55.021.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.130 - Prior appraisal required.

RCW 79.140.130
Prior appraisal required.
In no case shall any valuable materials situated within or upon any tidelands, shorelands, or beds of navigable waters belonging to the state, be offered for sale unless the same shall have been appraised by the department of natural resources within ninety days prior to the date fixed for the sale.
[ 2005 c 155 § 809. FORMERLY PART OF RCW 79.90.110.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.140 - Bill of sale for valuable material sold separately.

RCW 79.140.140
Bill of sale for valuable material sold separately.
When valuable materials are sold separate from state-owned aquatic lands and the purchase price is paid in full, the department shall cause a bill of sale, signed by the commissioner and attested by the seal of the commissioner's office, setting forth the time within which the material shall be removed. The bill of sale shall be issued to the purchaser and shall be recorded in the department's Olympia office, upon the payment of the fee provided for in this chapter.
[ 2005 c 155 § 126; 1982 1st ex.s. c 21 § 35. Formerly RCW 79.90.290.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.150 - Sale of rock, gravel, sand, silt, and other valuable materials.

RCW 79.140.150
Sale of rock, gravel, sand, silt, and other valuable materials.
The department, upon application by any person or when determined by the department to be in the best interest of the state, may enter into a contract or lease providing for the removal and sale of rock, gravel, sand, and silt, or other valuable materials located within or upon beds of navigable waters, or upon any state-owned tidelands or shorelands and providing for payment to be made by such royalty as the department may fix, by negotiation, by sealed bid, or at public auction. If application is made for the purchase of any valuable material situated within or upon state-owned aquatic lands the department shall inspect and appraise the value of the material in the application.
[ 2005 c 155 § 127; 1991 c 322 § 26; 1982 1st ex.s. c 21 § 36. Formerly RCW 79.90.300.]
NOTES:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.160 - Sale of rock, gravel, sand, and silt—Application—Terms of lease or contract—Bond—Payment—Reports.

RCW 79.140.160
Sale of rock, gravel, sand, and silt—Application—Terms of lease or contract—Bond—Payment—Reports.
Each application made pursuant to RCW 79.140.150 shall set forth the estimated quantity and kind of materials desired to be removed and shall be accompanied by a map or plat showing the area from which the applicant wishes to remove the materials. The department may in its discretion include in any lease or contract entered into pursuant to RCW 79.140.150 through 79.140.170, terms and conditions deemed necessary by the department to protect the interests of the state. In each lease or contract the department shall provide for a right of forfeiture by the state, upon a failure to operate under the lease or contract or pay royalties or rent for periods therein stipulated, and the department shall 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 the contract or lease including the payment of royalties. The right of forfeiture shall be exercised by entry of a declaration of forfeiture in the records of the department. The amount of rock, gravel, sand, or silt taken under the contract or lease shall be reported monthly by the purchaser to the department and payment made on the basis of the royalty provided in the lease or contract.
[ 2005 c 155 § 128; 1982 1st ex.s. c 21 § 37. Formerly RCW 79.90.310.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.170 - Sale of rock, gravel, sand, and silt—Investigation, audit of books of person removing.

RCW 79.140.170
Sale of rock, gravel, sand, and silt—Investigation, audit of books of person removing.
The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel, sand, or silt pursuant to any lease or contract under RCW 79.140.150 and 79.140.160 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 the materials.
[ 2005 c 155 § 129; 1982 1st ex.s. c 21 § 38. Formerly RCW 79.90.320.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.180 - Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value.

RCW 79.140.180
Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value.
Whenever, pursuant to RCW 79.15.300, the department enters into a contract for the sale and removal of rock, gravel, sand, or silt out of a riverbed, the department shall, when establishing a royalty, take into consideration flood protection value to the public that will arise as a result of the removal.
[ 2005 c 155 § 130; 2003 c 334 § 602; 1984 c 212 § 10. Formerly RCW 79.90.325, 79.01.135.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.190 - Leases and permits for prospecting and contracts for mining valuable minerals and specific materials from aquatic lands—Exceptions.

RCW 79.140.190
Leases and permits for prospecting and contracts for mining valuable minerals and specific materials from aquatic lands—Exceptions.
(1) Except as provided in subsection (2) of this section, the department may issue permits and leases for prospecting, placer mining contracts, and contracts for the mining of valuable minerals and specific materials, except rock, gravel, sand, silt, coal, or hydrocarbons, upon and from any state-owned aquatic lands, or which have been sold and the minerals reserved by the state in tracts not to exceed six hundred forty acres or an entire government-surveyed section. The procedures contained at RCW 79.14.300 through 79.14.450, inclusive, shall apply.
(2) The department may not issue permits and leases on state-owned aquatic lands along the Washington coast from Cape Flattery south to Washington's southern boundary, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of exploration, development, or mining of hard minerals. For the purposes of this section, "hard minerals" has the same meaning as defined in RCW 79.14.300(2).
[ 2021 c 181 § 2; 2005 c 155 § 131; 2003 c 334 § 603; 1987 c 20 § 16; 1982 1st ex.s. c 21 § 39. Formerly RCW 79.90.330.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.200 - Option contracts for prospecting and leases for mining and extraction of coal from aquatic lands.

RCW 79.140.200
Option contracts for prospecting and leases for mining and extraction of coal from aquatic lands.
The department is authorized to execute option contracts for prospecting purposes and leases for the mining and extraction of coal from any state-owned aquatic lands or from which it may acquire title, or from any aquatic lands sold or leased by the state the minerals of which have been reserved by the state. The procedures contained at RCW 79.14.470 through 79.14.580, inclusive, shall apply.
[ 2005 c 155 § 132; 2003 c 334 § 604; 1982 1st ex.s. c 21 § 40. Formerly RCW 79.90.340.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.140 - Aquatic Lands—Valuable Materials. › 79.140.210 - Mount St. Helens dredge spoils or materials.

RCW 79.140.210
Mount St. Helens dredge spoils or materials.
(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 § 1; 2009 c 426 § 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 § 2.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.010 - Intent.

RCW 79.145.010
Intent.
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 § 901; 1989 c 23 § 1. Formerly RCW 79.97.010, 79.81.010.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.020 - Definitions.

RCW 79.145.020
Definitions.
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 § 902; 1989 c 23 § 2. Formerly RCW 79.97.020, 79.81.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.030 - Coordinating implementation—Rules.

RCW 79.145.030
Coordinating implementation—Rules.
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 § 903; 1994 c 264 § 65; 1989 c 23 § 3. Formerly RCW 79.97.030, 79.81.030.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.040 - Agreements with other entities.

RCW 79.145.040
Agreements with other entities.
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 § 4. Formerly RCW 79.97.040, 79.81.040.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.050 - Employees—Information clearinghouse contracts.

RCW 79.145.050
Employees—Information clearinghouse contracts.
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 § 904; 1989 c 23 § 5. Formerly RCW 79.97.050, 79.81.050.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.145 - Marine Plastic Debris. › 79.145.060 - Grants, funds, or gifts.

RCW 79.145.060
Grants, funds, or gifts.
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 § 905; 1989 c 23 § 6. Formerly RCW 79.97.060, 79.81.060.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.150 - Forest Biomass Materials Located on State Lands. › 79.150.010 - Findings.

RCW 79.150.010
Findings.
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 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.150 - Forest Biomass Materials Located on State Lands. › 79.150.020 - List of potential sources of forest biomass on state lands.

RCW 79.150.020
List of potential sources of forest biomass on state lands.
(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 § 2.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.150 - Forest Biomass Materials Located on State Lands. › 79.150.040 - Lease of state land for resource use derived from biomass.

RCW 79.150.040
Lease of state land for resource use derived from biomass.
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 § 4.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.150 - Forest Biomass Materials Located on State Lands. › 79.150.050 - Evaluation of supply agreements under RCW 79.150.030 and 79.150.040—Report to the legislature—Demonstration project authorized.

RCW 79.150.050
Evaluation of supply agreements under RCW 79.150.030 and 79.150.040—Report to the legislature—Demonstration project authorized.
(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 § 5.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.155 - Community Forest Trusts. › 79.155.010 - Findings.

RCW 79.155.010
Findings.
(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 § 1.]