(1) Subject
to other provisions of this chapter and subject to rules adopted
by the board, the department may lease state lands for purposes
it deems advisable, including, but not limited to, commercial,
industrial, residential, agricultural, and recreational purposes
in order to obtain a fair market rental return to the state or
the appropriate constitutional or statutory trust, and if the
lease is in the best interest of the state or affected trust.
(2) Notwithstanding any provision in this chapter to the
contrary, in leases for residential purposes, the board may waive
or modify any conditions of the lease if the waiver or
modification is necessary to enable any federal agency or lending
institution authorized to do business in this state or elsewhere
in the United States to participate in any loan secured by a
security interest in a leasehold interest.
(3) Any land granted to the state by the United States may
be leased for any lawful purpose in such minimum acreage as may
be fixed by the department.
(4) The department shall exercise general supervision and
control over the lease of state lands for any lawful purpose.
(5) State lands leased or for which permits are issued or
contracts are entered into for the prospecting and extraction of
valuable materials, coal, oil, gas, or other hydrocarbons are
subject to the provisions of chapter 79.14 RCW.
(6) The department may also lease or lease development
rights on state lands held for the benefit of the common schools
to public agencies, as defined in RCW 79.17.200.
[2007 c 504 § 1; 2003 c 334 § 366; 1984 c 222 § 12; 1979 ex.s. c 109 § 10. Formerly RCW 79.01.242.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Savings -- 2007 c 504: "This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections." [2007 c 504 § 4.]
Severability -- 2007 c 504: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2007 c 504 § 5.]
Intent -- 2003 c 334: See note following RCW 79.02.010.
Severability -- Effective date -- 1984 c 222: See RCW 79.19.900 and 79.19.901.
Severability -- Effective date -- 1979 ex.s. c 109: See notes following RCW 79.11.040.