Other LanguagesRCW 76.12.030 does not establish a separate trust for each county with reference to the lands deeded by each county to the DNR for state forest lands. RCW 76.12.030(1) does authorize the Board of Natural Resources to establish a flat rate of return to the forest development account of twenty-five percent of any moneys derived from DNR transfer land leases and resource sales. Settlement proceeds from timber sale litigation are properly distributed to the forest development account pursuant to RCW 76.12.030(12).
The State Department of Natural Resources may not expend monies from the Resource Management Cost Account or the Forest Development Account, over and above payment of fire patrol assessments under RCW 76.04.360, to fund the costs of the Forest Fire Protection Program provided for in chapter 76.04 RCW.
The state highway commission does not have the statutory authority to regulate the erection or location of drive‑in theaters along state highways unless such structures constitute a nuisance under RCW 47.32.130 or 47.36.180.
A municipality which had an elevator code in effect prior to 1963 may continue to assume jurisdiction over conveyances in buildings owned by the municipality itself as well as privately owned buildings; however, under RCW 70.87.050, as amended, conveyances in buildings owned by the state, a county, or a political subdivision other than the municipality itself have been placed under the jurisdiction of the department of labor and industries of the state of Washington.
When the state personnel board makes a revision of the salary schedule for classified employees under the state civil service system, which revision effects changes in the salaries attached to several classes of positions, the budget director does not have the authority to approve or disapprove, on a piece meal basis, specific items in such revised salary schedule.
An "educational institution" as defined in RCW 28B.05.030(1) which provides educational services through workshops and seminars is not exempt from the Educational Services Registration Act solely on the basis that none of those workshops or seminars are of more than three calendar days in duration; nor is such an institution exempt because of the fact that, although it solicits from more than one business concern, it does not solicit the general public.
(1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.
Even though no portion of the local motor vehicle excise taxes provided for by RCW 35.58.273 is, itself, to be distributed to cities and towns under RCW 82.44.150(2) through (4), the state treasurer, in computing the amount of motor vehicle excise tax to be distributed thereunder, is to include that local tax in his calculations.
1. The Enabling Act facilitating the admission of Washington into the union (25 Stat. 676) is a limitation on state legislative authority and requires that federal grant lands be held in trust; exercises of legislative authority over federal grant lands will be tested by fiduciary principles. 2. Common law trust principles are instructive with respect to the administration of federal trust lands by the State, but the Legislature's management decisions are accorded a deference not granted a private trustee because of the presumption of constitutionality that applies to exercises of state legislative authority. 3. Federal and state laws of general application (such as the Endangered Species Act) apply to federal grant lands administered by the State. 4. The State's duties as trustee of federal grant lands run separately to each trust; joint administration is permissible where it serves the interests of each trust, so long as each trust is separately accounted for. 5. The State must separately account for each federal land grant trust, and maintain separate funds or accounts to that end. 6. The Legislature may lawfully delegate to the Department of Natural Resources and the Commissioner of Public Lands a role in administering forest lands within the State, including federal grant lands, while simultaneously authorizing the same agency and officer to play a role in regulating such lands. 7. In its administration of federal trust lands, the Department of Natural Resources is not subject to chapters 11.98, 11.100, 11.106 or 11.110 RCW. 8. The Department of Natural Resources has the authority to satisfy the requirements of the Endangered Species Act by entering into a long-term management plan, so long as the plan does not violate the Department's common law or statutory duties regarding the federal grant land trusts. 9. The exercise of discretion by the Department of Natural Resources with respect to administration of federal grant lands will be tested against an abuse of discretion standard; as against a trust beneficiary, principles regarding a trustee's exercise of discretion would apply, while as against a non-beneficiary, principles of administrative law would apply.
If the International Pacific Salmon Fisheries Commission promulgates a regulation which is contrary to a state regulation which creates a fish preserve and thereby prohibits commercial fishing in the area, the state regulation would be superseded insofar as it applied to Sockeye and Pink Salmon.