reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-050 - Authority and purposes

Current through Register Vol. 24-14, July 15, 2024
(1)RCW  42.56.070(1) of the Public Records Act requires
		  each agency to make available for
		  inspection and copying nonexempt
		  "public records" in accordance with
		  published rules. The act defines
		  "public record" to include any
		  "writing containing information
		  relating to the conduct of government
		  or the performance of any governmental
		  or proprietary function prepared,
		  owned, used, or retained" by the
		  agency.
		  RCW  42.56.070(2) also requires each agency to set forth
		  "for informational purposes" every
		  law, in addition to the Public Records
		  Act, that exempts or prohibits the
		  disclosure of public records held by
		  that agency.
(2)
		  The purpose of these rules is to
		  establish the procedures the office
		  will follow in order to provide full
		  access to public records. These rules
		  provide information to persons wishing
		  to request access to public records of
		  the office and establish processes for
		  both requestors and the office staff
		  that are designed to best assist
		  members of the public in obtaining
		  such access.
(3)
		  The purpose of the Public Records Act
		  is to provide the public full access
		  to information concerning the conduct
		  of government, mindful of individuals'
		  privacy rights and the desirability of
		  the efficient administration of
		  government. The act and these rules
		  will be interpreted in favor of
		  disclosure. In carrying out its
		  responsibilities under the act, the
		  office will be guided by the
		  provisions of the act describing its
		  purposes and interpretation.
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-050, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080,46.09.240 and 77.12.720. 94-17-095, §
										286-06-050, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 
											42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), §
										286-06-050, filed 12/8/82; Order 73-4, §
										286-06-050, filed 12/19/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-060 - Agency description- Contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1)
		  The office manages grant programs to
		  create outdoor recreation
		  opportunities, protect the best of the
		  state's wildlife habitat and farmland,
		  and help return salmon from near
		  extinction. The office also provides
		  staff support to various boards,
		  councils, and working groups as
		  assigned by the governor or the
		  legislature. The office is located at
		  1111 Washington Street S.E., Olympia,
		  WA 98501. The office does not have
		  field offices.
(2)
		  Any person wishing to request access
		  to public records of the office, or
		  seeking assistance in making such a
		  request should contact the public
		  records officer of the office:
Public Records
			Officer
Recreation and
			Conservation
Office P.O. Box
			40917
Olympia, WA
			98504-0917
360-902-3000
Fax:
			360-902-3026
PDandR@rco.wa.gov
Information is also
			available at the office's web site
			at
www.rco.wa.gov.
(3)
		  The public records officer will
		  oversee compliance with the Public
		  Records Act but another office staff
		  member may process the request.
		  Therefore, these rules will refer to
		  the public records officer "or
		  designee." The public records officer
		  or designee and the office will
		  provide the "fullest assistance" to
		  requestors; create and maintain for
		  use by the public and office officials
		  an index to public records of the
		  office; ensure that public records are
		  protected from damage or
		  disorganization; and prevent
		  fulfilling public records requests
		  from causing excessive interference
		  with essential functions of the
		  office.
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-060, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080,46.09.240 and 77.12.720. 94-17-095, §
										286-06-060, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 
											42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), §
										286-06-060, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 78-03-032 (Order 78-1), §
										286-06-060, filed 2/17/78; Order 73-4, §
										286-06-060, filed 12/19/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-065 - Indexes (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-065, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW  42.17.260. 98-08-014, §
										286-06-065, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-06-065, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-070 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours
					for inspection of records.
Public records are available for inspection
					and copying during normal business hours of the office, from 8:00 a.m. to noon
					and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal
					holidays.
(2)
Records
					index.
(a) An index of public records
					is available for use by members of the public, including:
(i) Archived files;
(ii) Equipment inventory;
(iii) Office and board policies and
					procedures, including manuals;
(iv)
					Active project files;
(v)
					Publications such as brochures and special reports;
(vi) Policy statements entered after June 30,
					1990, as defined in RCW   34.05.010, including grant program manuals;
					and
(vii) Rule-making files, as
					described in RCW   34.05.370, for each rule proposed for adoption in the
					Washington State Register and adopted.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-080 - Processing of public records requests-General

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest
		  assistance."
The office is
		  charged by statute with adopting rules
		  which provide for how it will "provide
		  full access to public records,"
		  "protect records from damage or
		  disorganization," "prevent excessive
		  interference with other essential
		  functions of the agency," provide
		  "fullest assistance" to requestors,
		  and provide the "most timely possible
		  action" on public records requests.
		  The public records officer or designee
		  will process requests in the order
		  allowing the most requests to be
		  processed in the most efficient
		  manner.
(2)
Acknowledging receipt of
		  request.
Within five business
		  days of receipt of the request, the
		  public records officer will do one or
		  more of the following:
(a)
		  Make the records available for
		  inspection or copying;
(b)
		  If copies are requested and payment of
		  a deposit for the copies, if any, is
		  made or terms of payment are agreed
		  upon, send the copies to the
		  requestor;
(c)
		  Provide a reasonable estimate of when
		  records will be available;
(d)
		  If the request is unclear or does not
		  sufficiently identify the requested
		  records, request clarification from
		  the requestor. Such clarification may
		  be requested and provided by
		  telephone. The public records officer
		  or designee may revise the estimate of
		  when records will be available;
		  or
(e)
		  Deny the request.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-085 - Processing of public records requests-Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting electronic
					records.
The process for requesting electronic public records is the
					same as for requesting paper public records.
(2)
Providing electronic
					records.
When a requestor requests records in an electronic format, the
					public records officer will provide the nonexempt records or portions of such
					records that are reasonably locatable in an electronic format that is used by
					the office and is generally commercially available, or in a format that is
					reasonably translatable from the format in which the office keeps the record.
					Costs for providing electronic records are governed by WAC
					44-14-07003.
(3)
Customized
					access to databases.
With the consent of the requestor, the office may
					provide customized access under RCW  43.41A.130 if the record is not reasonably
					locat-able or not reasonably translatable into the format requested. The office
					may charge a fee consistent with RCW   43.105.355 for such customized
					access.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-090 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Costs for paper and electronic
					copies.
The following copy fees and payment procedures apply to requests
					to the office under chapter 42.56 RCW.
(2) Pursuant to RCW   42.56.120(2)(b), as
					amended by section 3, chapter 304, Laws of 2017, the office will not be
					calculating actual costs for copying records because to do so would be unduly
					burdensome for the following reasons:
(a) The
					office does not have the resources to conduct a study to determine all its
					actual copying costs;
(b) To
					conduct such a study would interfere with other essential agency functions;
					and
(c) Through the 2017
					legislative process, the public and requestors have commented on and been
					informed of authorized fees and costs, including for electronic
					records.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-100 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1)
		  The Public Records Act provides that a
		  number of types of documents are
		  exempt from public inspection and
		  copying. In addition, documents are
		  exempt from disclosure if any "other
		  statute" exempts or prohibits
		  disclosure. Requestors should be aware
		  of the following exemptions that
		  restrict the availability of some
		  documents held by office for
		  inspection and copying. Exemptions may
		  include:
*
Archaeological
			site records:
Maps or other
			information identifying location of
			site or sites (RCW  42.56.300);
*
Preliminary
			documents:
Preliminary drafts,
			notes, recommendations, and
			intra-agency memorandums in which
			opinions are expressed or policies
			formulated or recommended unless cited
			publicly or within an official public
			record (RCW  42.56.280);
*
Personal
			information:
Information not
			related to disciplinary action or
			performance as a state employee (e.g.,
			payroll records, examination
			questions, medical condition
			information, Social Security number,
			residence address, personal phone
			numbers, and personal e-mail
			addresses) (RCW  42.56.230,
			42.56.250,
			42.56.210(1));
*
Real estate
			appraisals:
Real estate
			appraisals relative to the acquisition
			of property, until the prospective
			sale is abandoned or completed
			(RCW  42.56.260); and
*
Farm
			plans:
Farm plans developed by
			conservation districts, unless
			permission to release the farm plan is
			granted by the landowner or operator,
			and farm plans developed under
			chapter
			90.48 RCW and not under the federal Clean
			Water Act,  33 U.S.C. Sec. 1251  et seq.
			(RCW  42.56.270).
(2)
		  The office is prohibited by statute
		  from disclosing lists of individuals
		  for commercial purposes.
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-100, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080,46.09.240 and 77.12.720. 94-17-095, §
										286-06-100, filed 8/17/94, effective 9/17/94; Order 73-4, §
										286-06-100, filed 12/19/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-110 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal
		  administrative review of denial of
		  access.
Any person who objects
		  to the initial denial or partial
		  denial of a records request may
		  petition in writing (including e-mail)
		  to the public records officer for a
		  review of that decision. The petition
		  shall include a copy of or reasonably
		  identify the written statement by the
		  public records officer or designee
		  denying the request.
(2)
Consideration of petition for
		  review.
The public records
		  officer shall promptly provide the
		  petition and any other relevant
		  information to the director. The
		  director will immediately consider the
		  petition and either affirm or reverse
		  the denial within two business days
		  following the office's receipt of the
		  petition, or within such other time as
		  the office and the requestor mutually
		  agree to.
(3)
Review by the attorney general's
		  office.
Pursuant to
		  RCW  42.56.530,
		  if the office denies a requestor
		  access to public records because it
		  claims the record is exempt in whole
		  or in part from disclosure, the
		  requestor may request the attorney
		  general's office to review the matter.
		  The attorney general has adopted rules
		  on such requests in WAC
		  44-06-160.
(4)
Judicial review.
Any
		  person may obtain court review of
		  denials of public records requests
		  pursuant to
		  RCW  42.56.550 at the conclusion of two business days
		  after the initial denial regardless of
		  any internal administrative
		  appeal.
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-110, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080,46.09.240 and 77.12.720. 94-17-095, §
										286-06-110, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 
											42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), §
										286-06-110, filed 12/8/82; Order 73-4, §
										286-06-110, filed 12/19/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-06 - Public records › Section 286-06-120 - Protection of public records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, §
										286-06-120, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080,46.09.240 and 77.12.720. 94-17-095, §
										286-06-120, filed 8/17/94, effective 9/17/94; Order 73-4, §
										286-06-120, filed 12/19/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
					contains general rules for grant program eligibility, applications, and
					projects funded with money from or through the board.
(2) Further rules are in chapter 286-30 WAC
					(Firearms range.
(3) The director
					may apply the rules in this chapter to programs administered by the office that
					are not subject to the board's approval.
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-13-010, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW 43.98A.060(1),43.98A.070(5), 43.99.080(2), 
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-010, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5),43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-010, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-015 - Eligible applicants

Current through Register Vol. 24-14, July 15, 2024
(1) Eligibility
					to apply for grant funding is determined by a grant program's statutory
					requirements unless authority is granted to the board.
(2) Eligible applicants in the aquatic lands
					enhancement account grant program are any division of local or state government
					and Native American tribes that are legally authorized to acquire and develop
					public open space, habitat, recreation lands or natural resources.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-020 - Application requirements and the evaluation process

Current through Register Vol. 24-14, July 15, 2024
(1) The board shall adopt a competitive
					evaluation process to guide it in allocating funds to grant applicants. The
					board may also adopt a technical review process to assist applicants in
					preparing for evaluation of their applications.
(2) The board's technical review and
					evaluation process for applications shall:
(a)
					Be developed, to a reasonable extent, through the participation of a grant
					program advisory committee and interested parties;
(b) Consider applicant, local, regional, and
					statewide needs, a project's technical merits, and other evaluation
					criteria;
(c) Be adopted by the
					board in open public meetings;
(d)
					Be made available in published form to interested parties;
(e) Be designed for use by an advisory
					committee selected for this purpose; and
(f) Be in accord with chapters 46.09, 79A.15,
					79A.25, 79A.35 RCW, and RCW  79.105.150 and all other applicable statutes and
					federal laws and rules.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-030 - Application review (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5),43.99.080(2), 
											46.09.240(1) and 77.12.720. 98-08-014, §
										286-13-030, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2),
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-030, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-13-030, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-035 - Planning requirement

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant
					must submit a plan in accordance with WAC 286-13-040 in order to apply for a
					grant from any of the following programs:
(a)
					Boating facilities program pursuant to the Marine Recreation Land Act, chapter
					79A.25 RCW;
(b) Land and water
					conservation fund pursuant to the Land and Water Conservation Fund Act of
					1965;
(c) Nonhighway and off-road
					vehicle activities account pursuant to chapter 46.09 RCW, except when applying
					for a grant for an education and enforcement project or a maintenance and
					operation project; or
(d)
					Washington wildlife and recreation program funded under chapter 79A.15 RCW,
					except when applying for a grant for a project funded from the farm and forest
					account.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-045 - Matching resources and request limits

Current through Register Vol. 24-14, July 15, 2024
(1)
					The board shall establish sponsor matching share requirements and fund request
					limits as allowed by law. Any changes will normally be done at a board meeting
					six months before program funding consideration.
(2) When the board gives preference to an
					applicant that provides a matching resource, it is the intent of the board to
					do so to foster and demonstrate local commitment to the proposed project, to
					make funds from a given grant program and revenue source available to a greater
					number of projects, and to fund projects that are ready to implement without
					delay.
(3) Applicant resources used
					to match board funds must be eligible in the grant program. Sources of matching
					resources include, but are not limited to, any one or more of the following:
(a) Appropriations and cash;
(b) Value of the applicant's expenses for
					labor, materials, and equipment;
(c) Value of donated real property, labor,
					services, materials, and equipment use; and
(d) Grant funds, except those from the same
					grant program administered by the board.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-050 - Final decision

Current through Register Vol. 24-14, July 15, 2024
(1) The board
					shall consider recommendations from the director for grant projects at
					regularly scheduled public meetings.
(2) The board retains the authority and
					responsibility to accept or deviate from the director's recommendations and
					make the final decision concerning the funding of an application or a change to
					a funded project.
(3) Unless
					otherwise precluded by law, the board's decision is the final
					decision.
Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-050, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-060 - Project agreement

Current through Register Vol. 24-14, July 15, 2024
For every funded project, an agreement must be executed as
						provided in this section.
(1) The
					project agreement shall be prepared by the office subsequent to approval of the
					project by the board at a public meeting. The project agreement is executed
					upon the signature of the office and the applicant and the parties are bound by
					the agreement's terms. The applicant shall not proceed until the project
					agreement has been executed, unless specific authorization pursuant to WAC
					286-13-085 has been given by the director.
(2) If the project is approved by the board
					to receive a grant from federal funds, the director shall not execute an
					agreement or amendment with the applicant until federal funding has been
					authorized through an agreement with the applicable federal agency.
(3) Execution of the project agreement must
					conform to the deadlines in WAC 286-13-040.
(4) A board-federal agency agreement signed
					by the parties shall control the provision of funds granted by the board to
					federal agency sponsored projects. Absent this agreement, the standard terms
					and conditions of board's project agreement shall control.
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-060, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-060, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-070 - Disbursement of funds

Current through Register Vol. 24-14, July 15, 2024
(1) Except
			 as otherwise provided in this chapter, the office will authorize disbursement
			 of project funds only on a reimbursable basis at the percentage identified in
			 the project agreement after the sponsor has presented an invoice documenting
			 costs incurred and compliance with the provisions of the project
			 agreement.
(2) The amount of
			 reimbursement may never exceed the cash spent on the project.
(3) Reimbursement shall not be approved for
			 any donations, including donated real property.
(4) Direct payment to an escrow account of
			 the office's share of the approved cost of real property and related costs may
			 be made following office approval when the sponsor indicates a temporary lack
			 of funds to purchase the property on a reimbursement basis. Prior to release of
			 the office's share into escrow, the sponsor must provide the office with a
			 copy of a binding agreement between the sponsor and the seller, all required
			 documentation, and evidence of deposit of the sponsor's share, identified in
			 the project agreement, into an escrow account.
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5),43.99.080(2), 
											46.09.240(1) and 77.12.720. 98-08-014, §
										286-13-070, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2),
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-070, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-13-070, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-080 - What rules govern expenses incurred before execution of a project agreement? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79A.15.060(1), 79A.15.070(5), 79A.25.005, 79A.25.080(2), 79A.25.210. 06-05-024, §
										286-13-080, filed 2/7/06, effective 3/10/06. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2),
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-13-080, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-085 - Retroactive, preagreement, and increased costs

Current through Register Vol. 24-14, July 15, 2024
(1)
					Before execution of an agreement, the office shall not approve the disbursement
					of funds for project costs.
(2) The
					office will only reimburse costs that occur within the period of performance in
					the project agreement except for costs in subsections (3) and (4) of this
					section.
(3) The director may grant
					a waiver of retroactivity for acquiring real property whenever an applicant
					asserts, in writing, the justification for the critical need to purchase the
					property in advance of the project agreement along with any documentation
					required by the director. When evidence warrants, the director may grant the
					applicant permission to proceed by issuing a written waiver. This waiver of
					retroactivity will not be construed as approval of the proposed project. If the
					project is subsequently approved, however, the costs incurred will be eligible
					for grant funding. If the project is to remain eligible for funding from
					federal funds, the director shall not authorize a waiver of retroactivity to
					the applicant until the federal agency administering the federal funds has
					issued its own waiver of retroactivity as provided under its rules and
					regulations. A waiver may be issued for more than one grant program.
(4) The only retroactive acquisition,
					development, and restoration costs eligible for grant funding are preagreement
					costs as defined by the board.
(5)
					Cost increases for approved projects may be granted by the board or director if
					financial resources are available and within the appropriation authorized by
					the legislature.
(a) Each cost increase
					request will be considered on its merits and the board's grant program
					policies.
(b) The director may
					approve a cost increase with authority delegated by the board.
(c) The director's approval of an acquisition
					project cost increase is limited to a parcel-by-parcel appraised and reviewed
					value.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-090 - Federal assistance

Current through Register Vol. 24-14, July 15, 2024
Insofar as is possible under the board's statewide plan
				provided in this chapter, applications will be administered and approved in a
				manner that will maximize any federal assistance available for the benefit of
				projects in Washington.
Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5),43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-090, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-100 - Nonconformance and repayment

Current through Register Vol. 24-14, July 15, 2024
Any project cost deemed by the board or director to conflict
						with applicable statutes, rules and/or related manuals, or the agreement, must
						be repaid, upon written request by the director, to the appropriate state
						account per the terms of the project agreement. Such repayment requests may be
						made in consideration of an applicable report from the state auditor's
						office.
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5),43.99.080(2), 
											46.09.240(1) and 77.12.720. 98-08-014, §
										286-13-100, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2),
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-13-100, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-13-100, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-110 - Income, use of income

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 source of any income generated in a funded project or project area must be
			 compatible with the funding source and project agreement.
(a) The way the project or project area is
			 defined varies with the source of funds provided by the board. That is, income
			 generated in a project assisted with funds that originate from:
(i) A state source must be consistent with
			 the limits of the element(s) assisted by the board (for example, within the
			 area of an athletic field or habitat area).
(ii) The federal land and water conservation
			 fund must be consistent within the protected boundary as described in the Land
			 and Water Conservation Fund Act,  36 C.F.R., Part 59.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-115 - Nondiscrimination, access to the public, and preferences

Current through Register Vol. 24-14, July 15, 2024
(1) Sponsors shall not discriminate against
					users of projects assisted with board funds on the basis of race, creed, color,
					sex or gender, religion, national origin, disability, marital status, or sexual
					orientation.
(2) Properties,
					structures, and facilities intended for public use within the project area
					shall meet state and federal accessibility guidelines and nondiscrimination
					laws, regulations, and policies; be maintained to a standard that encourages
					use; and be open and available to the public at reasonable hours and times of
					the year.
(3) Sponsors shall not
					express a preference for users within the project area of board grant assisted
					projects on the basis of residence (including preferential reservation,
					membership, and/or permit systems). However, reasonable differences in
					admission and other fees may be maintained on the basis of residence. The board
					does not encourage the imposition of such differential fees. Fees for
					nonresidents must not exceed twice the fee imposed on residents. Where there is
					no fee for residents but a fee is charged to nonresidents, the nonresident fee
					shall not exceed the amount that would be imposed on residents at comparable
					state or local public facilities.
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 
											46.09.240(1) and 77.12.720. 97-17-004, §
										286-13-115, filed 8/7/97, effective 9/7/97; 96-08-044, §
										286-13-115, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-115, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-120 - Permanent project signs

Current through Register Vol. 24-14, July 15, 2024
Permanent signs identifying that land was acquired, developed
				or restored with financial assistance from the board are required unless waived
				by the director. Such waivers are considered based on agreed project
				goals.
Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-13-120, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-130 - Compliance with applicable laws

Current through Register Vol. 24-14, July 15, 2024
Properties, structures, and facilities developed with the
						assistance of money granted by the board and within the project area shall be
						built, operated, and maintained according to applicable regulations, laws,
						building codes, and health standards to assure a reasonably safe condition and
						to prevent premature deterioration.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-150 - Conveyance to the state for acquisition project

Current through Register Vol. 24-14, July 15, 2024
(1)
					Acquisition of perpetual interests. When a sponsor acquires real property in
					perpetuity, the sponsor must record on the title of the property a binding
					instrument as required by the office that contains:
(a) A legal description of the real property
					acquired with grant assistance;
(b)
					A conveyance to the state of Washington of the right to use the described real
					property for the purposes funded by the grant in perpetuity; and
(c) A restriction on the conversion of use of
					the real property.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-160 - Long-term obligations for acquisition projects

Current through Register Vol. 24-14, July 15, 2024
(1) The project area may not, without prior
					approval of the board or director, be converted to a use other than that for
					which funds were originally approved.
(2) Projects impacted by a reversion order by
					the Interstate Commerce Commission under section 8(d) of the National Trails
					System Act,  16 United States Code 1247(d), are not considered a conversion by
					the board. Substitution or replacement with interest in real property,
					facilities or moneys which are of at least equal market value at the time of
					replacement may be required.
(3)The
					board may only approve a conversion when the sponsor:
(a) Demonstrates the need to convert the
					project area including all efforts to consider practical alternatives, how they
					were evaluated, and the reasons they were not pursued;
(b) Provides an opportunity for the public to
					participate in the identification, development and evaluation of the
					alternatives, including a minimum public comment period of at least thirty
					days; and
(c) Commits to provide
					another interest in real property to serve as a replacement. The replacement
					must:
(i) Be of reasonably equivalent
					usefulness and location;
(ii) Be
					administered by the same sponsor unless otherwise approved by the
					board;
(iii) Satisfy need(s)
					identified in the sponsor's current plan as described in WAC 286-13-035 or
					other relevant local or statewide plan;
(iv) Be eligible in the same grant program
					account or category from which funds were originally allocated, unless
					otherwise approved by the board;
(v) Be interest in real property of at least
					equal current market value to the converted property; and
(vi) Satisfies the conversion without grant
					assistance from the board.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-170 - Long-term obligations for development and renovation projects

Current through Register Vol. 24-14, July 15, 2024
(1) The project area may not, without prior
					approval of the board or director, be converted to a use other than that for
					which funds were originally approved.
(2) Projects impacted by a reversion order by
					the Interstate Commerce Commission under section 8(d) of the National Trails
					System Act,  16 United States Code 1247(d), are not considered a conversion by
					the board. Substitution or replacement with interest in real property,
					facilities or moneys which are of at least equal market value at the time of
					replacement may be required.
(3)
					The board may only approve a conversion when the sponsor:
(a) Demonstrates the need to convert the
					project area including all efforts to consider practical alternatives, how they
					were evaluated, and the reasons they were not pursued;
(b) Provides an opportunity for the public to
					participate in the identification, development and evaluation of the
					alternatives, including a minimum public comment period of at least thirty
					days; and
(c) Provides another
					project area to serve as a replacement. The replacement must:
(i) Be of reasonably equivalent usefulness
					and location;
(ii) Be administered
					by the same sponsor unless otherwise approved by the board;
(iii) Be a new project area with facilities
					that satisfy need(s) identified in the sponsor's current plan as described in
					WAC 286-13-035 or the other relevant local or statewide plan;
(iv) Be eligible in the same grant program
					account or category from which funds were originally allocated, unless
					otherwise approved by the board; and
(v) Satisfies the conversion without grant
					assistance from the board.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-13 - General grant assistance rules › Section 286-13-180 - Long-term obligations for restoration projects

Current through Register Vol. 24-14, July 15, 2024
(1) The project area may not, without prior
					approval of the board or director, be converted to a use other than that for
					which funds were originally approved.
(2) The board may only approve a conversion
					when the sponsor:
(a) Demonstrates the need to
					convert the project area including all efforts to consider practical
					alternatives, how they were evaluated, and the reasons they were not
					pursued;
(b) Provides an
					opportunity for the public to participate in the identification, development
					and evaluation of the alternatives, including a minimum public comment period
					of at least thirty days; and
(c)
					Provides another project area to serve as a replacement for the restoration
					project. The replacement must:
(i) Be of
					reasonably equivalent habitat utility and location;
(ii) Be administered by the same sponsor
					unless otherwise approved by the board;
(iii) Be a new project area that satisfies
					need(s) identified in the sponsor's current plan as described in WAC 286-13-035 or the other relevant local or statewide plan;
(iv) Be administered under similar
					stewardship methods as the converted project area;
(v) Be eligible in the same grant program or
					category from which funds were originally allocated, unless otherwise approved
					by the board; and
(vi) Satisfies
					the conversion without grant assistance from the board.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-26-010, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-26-010, filed 8/17/94, effective 9/17/94. Statutory Authority: Chapter 43.99 RCW. 86-23-038 (Order 86-2), §
										286-26-010, filed 11/17/86. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 
											42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), §
										286-26-010, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 78-03-032 (Order 78-1), §
										286-26-010, filed 2/17/78; Order 3, §
										286-26-010, filed 7/31/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-020 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-26-020, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW  46.09.240(1). 98-08-014, §
										286-26-020, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2),
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-26-020, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-26-020, filed 8/17/94, effective 9/17/94. Statutory Authority: Chapter 43.99 RCW. 86-23-038 (Order 86-2), §
										286-26-020, filed 11/17/86; 84-17-029 (Order 84-2), §
										286-26-020, filed 8/8/84. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 
											42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), §
										286-26-020, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 78-03-032 (Order 78-1), §
										286-26-020, filed 2/17/78; Order 3, §
										286-26-020, filed 7/31/73.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-080 - Does this program have planning eligibility requirements?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-26-080, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW 43.98A.060(1),43.98A.070(5), 43.99.080(2), 
											46.09.240(1) and 77.12.720. 97-08-003, §
										286-26-080, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5),43.99.080(2), 
											46.09.240(1) and 77.12.720(4). 96-08-044, §
										286-26-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW  46.09.240(1). 94-24-044, §
										286-26-080, filed 12/2/94, effective 1/2/95. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and77.12.720 . 94-17-095, §
										286-26-080, filed 8/17/94, effective 9/17/94.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-083 - What long term rules apply?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-26-083, filed 12/3/04, effective 1/3/05.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-085 - When considering approval of a conversion, what rules apply?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-26-085, filed 12/3/04, effective 1/3/05.
Washington Administrative Code › Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD) › Chapter 286-26 - Nonhighway road and off-road vehicle funds (Repealed) › Section 286-26-090 - For land acquisition projects, are there long term obligations?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  79.90.245, 2004 c 276 and RCW  46.09.240. 05-01-030, §
										286-26-090, filed 12/3/04, effective 1/3/05. Statutory Authority: RCW 43.98A.060(1),[43.98A].070 (5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, §
										286-26-090, filed 8/17/94, effective 9/17/94.