This chapter is promulgated in order to establish procedures by which the Washington state parks and recreation commission will administer grants and contracts supported by snowmobile account funds in accordance with chapter 46.10 RCW.

When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise:

(1) "Snowmobile" means any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to the motor vehicle excise tax in the state of Washington.

(2) "Snowmobile use area" means an area described by boundary and acreage in which snowmobile use is authorized.

(3) "Snowmobile trail" means a corridor described by location and length which is designated for snowmobile travel.

(4) "Snowmobile funds" means the funds deposited in the snowmobile account which are administered by the Washington state parks and recreation commission pursuant to this chapter and chapter 46.10 RCW.

(5) "Commission" means the Washington state parks and recreation commission.

(6) "Director" means the director of the Washington state parks and recreation commission.

Snowmobile funds may be disbursed by the commission for snowmobile purposes which may include, but not be limited to, the administration, acquisition, development, operation, and maintenance of snowmobile facilities, such as snowmobile trails, snowmobile use areas, parking areas, sanitary facilities, and equipment and the development and implementation of snowmobile safety, enforcement, and education programs.

All snowmobile facilities which receive snowmobile funds must be open to the general public and meet all legally enforceable safety requirements.

Any public agency is eligible to receive from the commission grants of snowmobile funds to support up to one hundred percent of the cost of snowmobile programs.

Any public or private agency or person is eligible to enter into contracts with the commission to receive snowmobile funds to support up to one hundred percent of the cost of snowmobile programs.

In order to be considered by the commission for the receipt of snowmobile funds, a public or private agency or person must:

(1) Complete an application on a form prescribed by the commission and file the application with the commission postmarked by June 1st prior to the beginning of the first snow season for which funds are requested.

(2) Obtain permission to conduct a program from all owners of the land on which a program is to occur and file documentation of such permission with the commission at the time of application for funds.

(3) Agree to:

(a) File with the commission an annual report on a program for which funds are received by May 15th after the end of each snow season for which funds are received;

(b) Return, or replace in kind, to the commission any losses to a program for which funds are received, if due to the action of a recipient of funds, a program is not completed in a timely manner or canceled; and

(c) Execute a contract with the commission on a program for which funds are received and fulfill all obligations of the contract.

(4) Certify to the commission that any facility for which funds are received will be open to the general public.

(5) Comply with all applicable local, state, and federal laws.

The priorities for the distribution of snowmobile funds by the commission shall be:

(1) Administration of a statewide snowmobile program which includes safety, education, and information programs;

(2) Operation and maintenance of major trailgrooming equipment;

(3) Operation and maintenance of snowmobile trails, use areas, parking areas, and other facilities which include an emergency reserve and an enforcement program;

(4) Replacement of equipment which supports snowmobile programs;

(5) Acquisition and development of new snowmobile facilities and equipment; and

(6) Support of special snowmobile programs.

Applicants for snowmobile funds whose requests are approved by the commission may receive funds (1) on a reimbursement basis after a billing which indicates satisfactory compliance with a contract has been filed with the commission or (2) through an advance payment upon a written request to and approval by the director.

Recipients of snowmobile funds shall maintain accurate accounting records on the expenditure of the funds, provide the commission with these records upon request, and permit the commission to audit the use of the funds in accordance with generally accepted audit practices and standards.