2012 Revised Code of Washington
Title 79 - PUBLIC LANDS
79.105 Aquatic lands -- General.
79.105.150 Deposit, use of proceeds from sale or lease of aquatic lands or valuable materials therefrom -- Aquatic lands enhancement project grant requirements -- Aquatic lands enhancement account.

RCW 79.105.150 Deposit, use of proceeds from sale or lease of aquatic lands or valuable materials therefrom — Aquatic lands enhancement project grant requirements — Aquatic lands enhancement account.

(1) After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.115.150(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to the lands; and for volunteer cooperative fish and game projects. During the 2011-2013 fiscal biennium, the aquatic lands enhancement account may also be used for scientific research as part of the adaptive management process and for developing a planning report for McNeil Island. During the 2011-2013 fiscal biennium, the legislature may transfer from the aquatic lands enhancement account to the state general fund such amounts as reflect excess fund balance of the account. During the 2011-2013 fiscal biennium, the aquatic lands enhancement account may be used to support the shellfish program, the ballast water program, parks, hatcheries, and the Puget Sound toxic sampling program at the department of fish and wildlife, the knotweed program at the department of agriculture, and the Puget SoundCorps program. During the 2011-2013 fiscal biennium, the legislature may transfer from the aquatic lands enhancement account to the marine resources stewardship trust account funds for the purposes of RCW 43.372.070.

     (2) In providing grants for aquatic lands enhancement projects, the recreation and conservation funding board shall:

     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;

     (b) Utilize the statement of environmental benefits, consideration, except as provided in RCW 79.105.610, of whether the applicant is a Puget Sound partner, as defined in RCW 90.71.010, whether a project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, and except as otherwise provided in RCW 79.105.630, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030 in its prioritization and selection process; and

     (c) Develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grants.

     (3) To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270.

     (4) The department shall consult with affected interest groups in implementing this section.

     (5) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

[2012 2nd sp.s. c 7 § 929; 2012 2nd sp.s. c 2 § 6008; 2011 2nd sp.s. c 9 § 911; 2011 1st sp.s. c 50 § 967; 2010 1st sp.s. c 37 § 949; 2009 c 564 § 959; 2008 c 299 § 28; 2007 c 341 § 32. Prior: 2005 c 518 § 946; 2005 c 155 § 121; 2004 c 276 § 914; 2002 c 371 § 923; 2001 c 227 § 7; 1999 c 309 § 919; 1997 c 149 § 913; 1995 2nd sp.s. c 18 § 923; 1994 c 219 § 12; 1993 sp.s. c 24 § 927; 1987 c 350 § 1; 1985 c 57 § 79; 1984 c 221 § 24; 1982 2nd ex.s. c 8 § 4; 1969 ex.s. c 273 § 12; 1967 ex.s. c 105 § 3; 1961 c 167 § 9. Formerly RCW 79.90.245, 79.24.580.]

Notes:

Reviser's note: This section was amended by 2012 2nd sp.s. c 2 § 6008 and by 2012 2nd sp.s. c 7 § 929, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).      Effective date -- 2012 2nd sp.s. c 7: See note following RCW 2.68.020.      Effective date -- 2012 2nd sp.s. c 2: See note following RCW 43.155.050.      Effective dates -- 2011 2nd sp.s. c 9: See note following RCW 28B.50.837.      Effective dates -- 2011 1st sp.s. c 50: See note following RCW 15.76.115.      Effective date -- 2010 1st sp.s. c 37: See note following RCW 13.06.050.      Effective date -- 2009 c 564: See note following RCW 2.68.020.      Short title -- 2008 c 299: See note following RCW 35.105.010.      Severability -- Effective date -- 2007 c 341: See RCW 90.71.906 and 90.71.907.      Severability -- Effective date -- 2005 c 518: See notes following RCW 28A.500.030.      Severability -- Effective date--2004 c 276: See notes following RCW 43.330.167.      Severability -- Effective date -- 2002 c 371: See notes following RCW 9.46.100.      Findings -- Intent -- 2001 c 227: See note following RCW 43.41.270.      Severability -- Effective date -- 1999 c 309: See notes following RCW 41.06.152.      Severability -- Effective date -- 1997 c 149: See notes following RCW 43.08.250.      Severability -- Effective date -- 1995 2nd sp.s. c 18: See notes following RCW 19.118.110.      Finding -- 1994 c 219: See note following RCW 43.88.030.      Severability -- Effective dates--1993 sp.s. c 24: See notes following RCW 28A.310.020.      Effective date -- 1987 c 350: "This act shall take effect July 1, 1989." [1987 c 350 § 3.]      Effective date -- 1985 c 57: See note following RCW 18.04.105.      Severability -- Effective date -- 1984 c 221: See RCW 79.105.901 and 79.105.902.