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 winter recreational program funds in accordance with chapter 79A.05 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) "Commission" means the Washington state parks and recreation commission.

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

(3) "Trail" means a corridor described by location and length which is designated for nonsnowmobile winter recreational activities.

(4) "Use area" means an area described by boundary and acreage in which nonsnowmobile winter recreational activities are authorized.

(5) "Winter recreational" means nonsnowmobile winter recreational activities, facilities, or programs.

(6) "Winter recreational program funds" means the funds deposited in the winter recreational program account which are administered by the Washington state parks and recreation commission pursuant to this chapter and chapter 79A.05 RCW.

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

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

Any public agency in the state of Washington is eligible to receive from the commission grants of winter recreational program funds to support up to one hundred percent of the cost of winter recreational programs.

Any public or private agency or person in the state of Washington is eligible to enter into contracts with the commission to receive winter recreational program funds to support up to one hundred percent of the cost of winter recreational programs.

In order to be considered by the commission for the receipt of winter recreational program 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 winter recreational program funds by the commission shall be:

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

(2) Operation and maintenance of winter recreational parking areas designated by the commission;

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

(4) Acquisition and replacement of equipment to support winter recreational programs;

(5) Acquisition and development of new winter recreational facilities and equipment, trail maintenance, and services; and

(6) Support of special winter recreational programs such as, but not limited to, increased law enforcement, safety education, and expanded signing.

Applicants for winter recreational program 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 winter recreational program 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.