(1) The department, with the
approval of the board, may exchange any state land and any timber
thereon for any land of equal value in order to:
(a) Facilitate the marketing of forest products of state
lands;
(b) Consolidate and block-up state lands;
(c) Acquire lands having commercial recreational leasing
potential;
(d) Acquire county-owned lands;
(e) Acquire urban property which has greater income
potential or which could be more efficiently managed by the
department in exchange for state urban lands as defined in RCW 79.19.100; or
(f) Acquire any other lands when such exchange is determined
by the board to be in the best interest of the trust for which
the state land is held.
(2) Land exchanged under this section shall not be used to
reduce the publicly owned forest land base.
(3) The board shall determine that each land exchange is in
the best interest of the trust for which the land is held prior
to authorizing the land exchange.
(4) During the biennium ending June 30, 2011, for the
purposes of maintaining working farm and forest landscapes or
acquiring natural resource lands at risk of development, the
department, with approval of the board of natural resources, may
exchange any state land and any timber thereon for any land and
proceeds of equal value, when it can be demonstrated that the
trust fiduciary obligations can be better fulfilled after an
exchange is completed. Proceeds may be in the form of cash or
services in order to achieve the purposes established in this
section. Any cash received as part of an exchange transaction
shall be deposited in the resource management cost account to pay
for administrative expenses incurred in carrying out an exchange
transaction. These administrative expenses include road
maintenance and abandonment expenses. The amount of proceeds
received from the exchange partner may not exceed five percent of
the total value of the exchange. The receipt of proceeds shall
not change the character of the transaction from an exchange to a
sale.
(5) Prior to executing an exchange under this section, and
in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members,
other state and federal agencies, local governments, tribes,
local stakeholders, conservation groups, and any other interested
parties to identify and address cultural resource issues and the
potential of the state lands proposed for exchange to be used for
open space, park, school, or critical habitat purposes.
[2009 c 497 § 6024; 2008 c 328 § 6012. Prior: 2003 1st sp.s. c 25 § 939; 2003 c 334 § 452; 1987 c 113 § 1; 1983 c 261 § 1; 1973 1st ex.s. c 50 § 2; 1961 c 77 § 4; 1957 c 290 § 1. Formerly RCW 79.08.180.]
NOTES:
Effective date -- 2009 c 497: See note following RCW 28B.15.210.
Part headings not law -- Severability -- Effective date -- 2008 c 328: See notes following RCW 43.155.050.
Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Intent -- 2003 c 334: See note following RCW 79.02.010.