reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.120 - Confirmation of sale.

RCW 79.15.120
Confirmation of sale.
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 § 358.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.130 - Bill of sale.

RCW 79.15.130
Bill of sale.
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 § 362; 2001 c 250 § 9; 1927 c 255 § 58; RRS § 7797-58. Formerly RCW 79.01.232, 79.12.420.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.140 - Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.

RCW 79.15.140
Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.
(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 § 364; 2001 c 250 § 18. Formerly RCW 79.01.238.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.150 - Reoffer.

RCW 79.15.150
Reoffer.
A sale of valuable materials that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as prescribed in RCW 79.11.130.
[ 2003 c 334 § 351.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.210 - Findings—Damage to timber.

RCW 79.15.210
Findings—Damage to timber.
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 § 1. Formerly RCW 79.01.790.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.220 - Sale of damaged valuable materials.

RCW 79.15.220
Sale of damaged valuable materials.
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 § 10; 2001 c 250 § 14; 1987 c 126 § 2. Formerly RCW 79.01.795.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.300 - Contracts—Forfeiture—Royalties—Monthly reports.

RCW 79.15.300
Contracts—Forfeiture—Royalties—Monthly reports.
(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 § 335; 1985 c 197 § 1; 1961 c 73 § 11. Formerly RCW 79.01.134.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.320 - Road material—Sale to public authorities—Disposition of proceeds.

RCW 79.15.320
Road material—Sale to public authorities—Disposition of proceeds.
(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 § 343; 1982 1st ex.s. c 21 § 155; 1927 c 255 § 44; RRS § 7797-44. Prior: 1923 c 71 § 1; 1917 c 148 § 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.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.400 - License to remove firewood authorized.

RCW 79.15.400
License to remove firewood authorized.
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 § 230; 1975 c 10 § 1; 1945 c 97 § 1; Rem. Supp. 1945 § 7797-40a. Formerly RCW 76.20.010.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.410 - Removal only for personal use.

RCW 79.15.410
Removal only for personal use.
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 § 231; 1945 c 97 § 2; Rem. Supp. 1945 § 7797-40b. Formerly RCW 76.20.020.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.420 - Issuance of license—Fee.

RCW 79.15.420
Issuance of license—Fee.
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 § 232; 1975 c 10 § 2; 1945 c 97 § 3; Rem. Supp. 1945 § 7797-40c. Formerly RCW 76.20.030.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.430 - Removal of firewood without charge.

RCW 79.15.430
Removal of firewood without charge.
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 § 233; 1975 c 10 § 3. Formerly RCW 76.20.035.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.440 - Penalty.

RCW 79.15.440
Penalty.
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 § 234; 1945 c 97 § 4; Rem. Supp. 1945 § 7797-40d. Formerly RCW 76.20.040.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.500 - Contract harvesting—Definitions.

RCW 79.15.500
Contract harvesting—Definitions.
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 § 8; 2003 c 313 § 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 § 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 § 15.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.510 - Contract harvesting—Program established.

RCW 79.15.510
Contract harvesting—Program established.
(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 § 11; (2010 c 126 § 12 repealed by 2017 c 64 § 2); 2009 c 418 § 2; 2004 c 218 § 6; 2003 c 313 § 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 § 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.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.520 - Contract harvesting revolving account.

RCW 79.15.520
Contract harvesting revolving account.
(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 § 3; 2004 c 218 § 7; 2003 c 313 § 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.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.530 - Contract harvesting—Special appraisal practices.

RCW 79.15.530
Contract harvesting—Special appraisal practices.
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 § 5.]
NOTES:
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.15 - Sale of Valuable Materials. › 79.15.540 - Intent—Contract harvesting—State trust forestland with identified forest health deficiencies.

RCW 79.15.540
Intent—Contract harvesting—State trust forestland with identified forest health deficiencies.
(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 § 2; 2004 c 218 § 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 § 1.]
Effective date—2004 c 218: See note following RCW 76.06.140.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.020 - 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.

RCW 79.17.020
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.
(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 § 4; 2013 2nd sp.s. c 19 § 7035; 2012 2nd sp.s. c 2 § 6007; 2009 c 497 § 6025; 2008 c 328 § 6013. Prior: 2003 1st sp.s. c 25 § 937; 2003 c 334 § 209; 1973 1st ex.s. c 50 § 1; 1961 c 77 § 1; 1937 c 77 § 1; RRS § 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.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.030 - University demonstration forest and experiment station.

RCW 79.17.030
University demonstration forest and experiment station.
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 § 446; 1917 c 66 § 1; RRS § 7848. Formerly RCW 79.08.070.]
NOTES:
Reviser's note: 1893 c 122 § 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.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.040 - Exchange of property acquired as administrative sites—Purposes.

RCW 79.17.040
Exchange of property acquired as administrative sites—Purposes.
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 § 453; 1979 c 24 § 1. Formerly RCW 79.08.250.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.050 - Public notice—News release—Hearing.

RCW 79.17.050
Public notice—News release—Hearing.
Before a proposed exchange is presented to the board involving an exchange of any lands under the administrative control of the department, the department shall hold a public hearing on the proposal in the county where the state-owned land or the greatest proportion thereof is located. Ten days but not more than twenty-five days prior to such hearing, the department shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the state-owned land is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the state-owned land is located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the board's consideration when reviewing the department's exchange proposal. If there is a failure to substantially comply with the procedures set forth in this section, then the exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the exchange agreement.
[ 2003 c 334 § 445; 1979 c 54 § 1; 1975 1st ex.s. c 107 § 2. Formerly RCW 79.08.015.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Exchange of state land by parks and recreation commission, procedure: RCW 79A.05.180.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.060 - Exchange of lands to consolidate and block up holdings—Agreements and deeds by commissioner.

RCW 79.17.060
Exchange of lands to consolidate and block up holdings—Agreements and deeds by commissioner.
The commissioner shall, with the advice and approval of the attorney general, execute such agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to complete an exchange.
[ 2003 c 334 § 210; 1961 c 77 § 2; 1937 c 77 § 2; RRS § 5812-3f. Formerly RCW 76.12.060.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.070 - Exchange of lands to consolidate and block up holdings—Lands acquired are subject to same laws and administered for same fund as lands exchanged.

RCW 79.17.070
Exchange of lands to consolidate and block up holdings—Lands acquired are subject to same laws and administered for same fund as lands exchanged.
Lands acquired by the state of Washington as the result of any exchange shall be held and administered for the benefit of the same fund and subject to the same laws as were the lands exchanged therefor.
[ 2003 c 334 § 211; 1961 c 77 § 3. Formerly RCW 76.12.065.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.100 - Application by school district.

RCW 79.17.100
Application by school district.
Except as otherwise provided in RCW 79.17.110, upon the application of a school district or any institution of higher education for the purchase or lease of lands granted to the state by the United States, the department may offer such land for sale or lease to such school district or institution of higher education in such acreage as it may determine, consideration being given upon application of a school district to school site criteria established by the superintendent of public instruction. However, in the event the department thereafter proposes to offer such land for sale or lease at public auction, such school district or institution of higher education shall have a preference right for six months from notice of such proposal to purchase or lease such land at the appraised value determined by the board.
[ 2006 c 263 § 333; 2003 c 334 § 322.]
NOTES:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.110 - School districts—Purchase of leased lands with improvements.

RCW 79.17.110
School districts—Purchase of leased lands with improvements.
Notwithstanding the provisions of RCW 79.11.010 or any other provision of law, any school district or institution of higher education leasing land granted to the state by the United States and on which land such district or institution has placed improvements as defined in RCW 79.02.010 shall be afforded the opportunity by the department at any time to purchase such land, excepting land over which the department retains management responsibilities, for the purposes of schoolhouse construction and/or necessary supporting facilities or structures at the appraised value thereof less the value that any improvements thereon added to the value of the land itself at the time of the sale thereof.
[ 2003 c 334 § 437; 1985 c 200 § 1; 1982 1st ex.s. c 31 § 1; 1980 c 115 § 8; 1971 ex.s. c 200 § 2. Formerly RCW 79.01.770.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1980 c 115: See note following RCW 28A.335.090.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.120 - School districts—Purchases from school construction fund.

RCW 79.17.120
School districts—Purchases from school construction fund.
The purchases authorized under RCW 79.17.110 shall be classified as for the construction of common *A.525.200school [common school] plant facilities under RCW 28A.525.010 through 28A.525.200 and shall be payable out of the common school construction fund as otherwise provided for in RCW 28A.515.320 if the school district involved was under emergency school construction classification as established by the superintendent of public instruction at any time during the period of its lease of state lands.
[ 2015 1st sp.s. c 4 § 52; 2006 c 263 § 334; 2003 c 334 § 438; 1990 c 33 § 596; 1971 ex.s. c 200 § 3. Formerly RCW 79.01.774.]
NOTES:
*Reviser's note: The added text "A.525.200" was a typographical error.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.130 - School districts—Extension of contract period.

RCW 79.17.130
School districts—Extension of contract period.
In those cases where the purchases, as authorized by RCW 79.17.110 and 79.17.120, have been made on a ten year contract, the board, if it deems it in the best interest of the state, may extend the term of any such contract to not to exceed an additional ten years under such terms and conditions as the board may determine.
[ 2003 c 334 § 439; 1971 ex.s. c 200 § 4. Formerly RCW 79.01.778.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.140 - School districts—Reversion, when.

RCW 79.17.140
School districts—Reversion, when.
Notwithstanding any other provisions of law, annually the board shall determine if lands purchased or leased by school districts or institutions of higher education under the provisions of RCW * 79.11.010 and 79.17.110 are being used for school sites. If such land has not been used for school sites for a period of seven years the title to such land shall revert to the original trust for which it was held.
[ 2003 c 334 § 440; 1971 ex.s. c 200 § 5. Formerly RCW 79.01.780.]
NOTES:
*Reviser's note: The reference to RCW 79.11.010 appears to be erroneous. A reference to RCW 79.17.100 was apparently intended.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1971 ex.s. c 200: See note following RCW 79.11.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.200 - Real property—Transfer or disposal without public auction.

RCW 79.17.200
Real property—Transfer or disposal without public auction.
(1) For the purposes of this section, "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; and any Indian tribe recognized as such by the federal government.
(2) With the approval of the board of natural resources, the department of natural resources may directly transfer or dispose of real property, without public auction, in the following circumstances:
(a) Transfers in lieu of condemnations;
(b) Transfers to public agencies; and
(c) Transfers to resolve trespass and property ownership disputes.
(3) Real property to be transferred or disposed of under this section shall be transferred or disposed of only after appraisal and for at least fair market value, and only if such transaction is in the best interest of the state or affected trust.
[ 1992 c 167 § 2. Formerly RCW 79.01.009.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.210 - Real property asset base—Natural resources real property replacement account.

RCW 79.17.210
Real property asset base—Natural resources real property replacement account.
(1) The legislature finds that the department has a need to maintain the real property asset base it manages and needs an accounting mechanism to complete transactions without reducing the real property asset base.
(2) The natural resources real property replacement account is created in the state treasury. This account shall consist of funds, including the value of land, timber, other valuable materials, and improvements owned by the state, transferred or paid for the disposal or transfer of real property by the department under RCW 79.17.200 and the transfer of state lands or state forestlands into community forest trust lands under RCW 79.155.040. The funds in this account shall be used solely for the acquisition of replacement real property and may be spent only when, and as, authorized by legislative appropriation.
[ 2023 c 383 § 5; 2018 c 298 § 7005; 2013 2nd sp.s. c 19 § 7041; 2011 c 216 § 13; 2003 c 334 § 118; 1992 c 167 § 1. Formerly RCW 43.30.265.]
NOTES:
Findings—2023 c 383: See note following RCW 79.17.300.
Effective date—2018 c 298: "Except for section 7018 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2018]." [ 2018 c 298 § 7020.]
Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.220 - Notification requirements.

RCW 79.17.220
Notification requirements.
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 § 4.]
NOTES:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.17 - Land Transfers. › 79.17.310 - Administration.

RCW 79.17.310
Administration.
The department shall administer the trust land transfer program as follows:
(1) Any citizen, state and federal agencies, counties, cities, towns, federally recognized Indian tribes, nonprofit organizations, special purpose districts, public development authorities, and other political subdivisions of the state, may nominate a parcel of state land or state forestland for the trust land transfer program. The nomination must be made to the department on forms provided by the department and accompanied by the fee provided under RCW 79.02.250.
(2) The department shall perform an initial review to determine whether the transfer of a nominated parcel is in the best interest of the trust for which the land is held and whether a public agency, as defined in RCW 79.17.200, is willing to take ownership of the parcel and is capable of managing the land for the public benefit. The department may require prenomination review of parcels over 4,500 acres or parcels over an estimated appraised market value of $15,000,000, including the value of the land, valuable materials, and improvements, if any.
(3) If the department determines through its initial review that transfer would be in the best interest of the trust for which the land is held and a public agency is willing and able to take ownership and manage the land, the department shall consult with potentially affected federally recognized Indian tribes, consistent with the department's consultation policy to identify and address cultural resource issues.
(4) Following the department's initial review and tribal consultation, the department may submit parcels to an advisory committee that shall evaluate and prioritize nominated parcels according to criteria approved by the board, including social, ecological, economic, and other values. The advisory committee may include representatives of trust beneficiaries, public agencies, federally recognized Indian tribes, overburdened communities, and vulnerable populations as defined in chapter 70A.02 RCW, and other stakeholders as determined by the department.
(5) The department, with approval of the board, shall determine the final, prioritized list of trust land transfer parcels to submit to the legislature for funding. If a legislative appropriation includes the full fair market value for the trust land transfer parcel, and the board determines that the transfer is in the best interest of the trust for which the land is held, the department shall complete the transfer.
[ 2023 c 383 § 3.]
NOTES:
Findings—2023 c 383: See note following RCW 79.17.300.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.19 - Land Bank. › 79.19.010 - Legislative finding.

RCW 79.19.010
Legislative finding.
The legislature finds that from time to time it may be desirable for the department to sell state lands which have low potential for natural resource management or low income-generating potential or which, because of geographic location or other factors, are inefficient for the department to manage. However, it is also important to acquire lands for long-term management to replace those sold so that the publicly owned land base will not be depleted and the publicly owned forestland base will not be reduced. The purpose of this chapter is to provide a means to facilitate such sales and purchases so that the diversity of public uses on the trust lands will be maintained. In making the determinations, the department shall comply with local land use plans and applicable growth management principles.
[ 2003 c 334 § 525; 1984 c 222 § 1; 1977 ex.s. c 109 § 1. Formerly RCW 79.66.010.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.19 - Land Bank. › 79.19.020 - Land bank—Created—Purchase of property authorized.

RCW 79.19.020
Land bank—Created—Purchase of property authorized.
The department, with the approval of the board, may purchase property at fair market value to be held in a land bank, which is hereby created within the department. Property so purchased shall be property which would be desirable for addition to the public lands of the state because of the potential for natural resource or income production of the property.
[ 2023 c 383 § 9; 2003 c 334 § 526; 1984 c 222 § 2; 1977 ex.s. c 109 § 2. Formerly RCW 79.66.020.]
NOTES:
Findings—2023 c 383: See note following RCW 79.17.300.
Intent—2003 c 334: See note following RCW 79.02.010.