PROPOSED RULES
OUTDOOR RECREATION
Original Notice.
Expedited Adoption--Proposed rule-making notice was filed as WSR 99-01-148.
Title of Rule: Nonhighway and off-road vehicle funds, developments--Conversion to other uses.
Purpose: Implement chapter 144, Laws of 1998 (SHB 2826).
Other Identifying Information: Nonhighway vehicle funds distribution to nonprofit off-road vehicle organizations, RCW 46.109.240(1).
Statutory Authority for Adoption: RCW 46.09.240(1).
Statute Being Implemented: RCW 46.09.240(1).
Summary: In 1998, this program's RCW was changed to allow nonprofit ORV organizations to receive funds when the funds will benefit ORV recreation on lands once publicly owned that come into private ownership in a federal land exchange between January 1, 1998 - January 1, 2005. IAC's current NOVA program WACs do not contemplate funding nonprofit organizations.
Reasons Supporting Proposal: This proposal amends the current WAC to ensure that IAC's project "conversion to other use" rules will apply to the nonprofit organizations.
Name of Agency Personnel Responsible for Drafting: Greg Lovelady, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3000.
Name of Proponent: Interagency Committee for Outdoor Recreational
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See above.
Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule change is directed at one group of IAC grant recipient, that is, nonprofit ORV organizations. If approved, the changes will enhance efficiency and compliance with existing laws and procedures. We do not believe that small businesses will be impacted in any way.
RCW 34.05.328 does not apply to this rule adoption. The Interagency Committee for Outdoor Recreation is exempted under RCW 34.05.328 (5)(a)(i).
Hearing Location: Spokane Center, Okanogan Valley A&B, 334 West Spokane Falls Boulevard, Spokane, WA 99201, on July 16, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Greg Lovelady by July 2, 1999, TDD (360) 902-1996 (leave message), or (360) 902-3008.
Submit Written Comments to: Greg Lovelady, Rules Coordinator, Interagency Committee for Outdoor Recreation, P.O. Box 40917, Olympia, WA 98504-0917, fax (360) 902-2026, by June 18, 1999.
Date of Intended Adoption: July 16, 1999.
April 6, 1999
Greg Lovelady
Rules Coordinator
OTS-2728.1
AMENDATORY SECTION(Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)
WAC 286-26-100
Development projects--Conversion to other uses.
(1) Without prior
approval of the committee, a facility developed with money granted by the committee((, to state,
county, municipality or native American tribal government sponsors,)) shall not be converted to
a use other than that for which funds were originally approved.
(2) The committee shall only approve such a conversion under conditions which assure that:
(a) All practical alternatives to the conversion have been evaluated and rejected on a sound basis;
(b) A new development, in the spirit of WAC 286-13-080 ("... aid through the committee is intended to supplement the existing capacity of a sponsor ..."), will serve as a replacement which:
(i) Is of reasonably equivalent recreation utility and location;
(ii) Will be administered by the same political jurisdiction as the converted development;
(iii) Will satisfy need(s) identified in the sponsor's NOVA plan (see WAC 286-26-080); and
(iv) Includes only elements eligible under the committee's program from which funds were originally allocated.
(3) A master agreement signed by the parties shall control the provision of funds granted by the committee for facility developments to any federal agency sponsor.
[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, § 286-26-100, 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 and 77.12.720. 94-17-095, § 286-26-100, filed 8/17/94, effective 9/17/94.]