(1) Any revenue produced on community forest trust
lands must be, consistent with RCW 79.64.040, allocated as
follows:
(a) All costs incurred by the department in managing the
parcel must be fully reimbursed; and
(b) After the department's management costs are reimbursed,
any remaining revenue must then be prioritized to fulfill the
management objectives for the specific parcel as identified in
the postacquisition management plan developed under RCW 79.155.080 consistent with the management principles outlined in
RCW 79.155.030.
(2)(a) If, by the determination of the board, there is
revenue remaining in any given biennium after fulfilling the
requirements of subsection (1) of this section, then the board
has the discretion to reimburse any local entities' eligible
financial contributions for acquisition of the parcel under RCW 79.155.070(2) and any state contribution to the acquisition of
the parcel up to an amount that represents fifty percent of the
difference between the parcel's original appraised fair market
value and the parcel's timber and forest land value. However,
any funds used as part of the local contribution may not be
reimbursed if the funds were originally provided through a state
or federal grant, provided through a fully compensated transfer
of development rights at fair market value, or provided by a
donation of funds or property.
(b) If the board decides to reimburse the state and local
contribution, then it must allocate the reimbursement so that
fifty percent is provided to the state general fund and fifty
percent is provided to any eligible partnering local entities.
(c) Nothing in this section creates an expectation,
requirement, or fiduciary duty for the board or the associated
community forest trust lands to generate revenue in excess of
amounts as provided in subsection (1)(a) of this section.
[2011 c 216 § 9.]