1 Washington State Parks and Recreation Commission Work

Home , Columbia Plateau Trail, Fort Okanogan, Iron Horse State Park, Lincoln Rock State Park, Lyons Ferry State Park, Maryhill State Park

Work Session Agenda Washington State Parks and Recreation Commission

Wednesday January 28, 2014 Labor & Industries Auditorium, 7273 Linderson Way S.W. Tumwater, WA 98501

Time: Opening session will begin as shown; all other times are approximate.

Public Comment: This is a work session between staff and the Commission. The public is invited but no public comment will be taken. No decisions will be made by the Commission at the work session.

9:00 a.m. CALL TO ORDER – Patricia Lantz, Commission Vice-Chair • Call of the roll • Changes to agenda

9:05 a.m. LOGISTICS • Meeting, Legislative Appointments and Evening Functions

9:10 a.m. RESULTS WA UPDATE – Christine Parsons, Policy and Performance Systems Manager • This item provides the Commission with an update about the Governor’s Results Washington Goal 3: Working and Natural Lands goal topic for increasing experiences in outdoor recreation. State Parks is the lead agency responsible for coordinating data collection and action plans for the outdoor recreation sub topic and this briefing will provide an overview of the leading indicators used to track this issue.

9:30 a.m. HUMAN RESOURCES UPDATE– Becky Daniels, Human Resources Director • This item provides core HR statistics for Parks, updates on activities and plans, and solicits feedback regarding future HR reports.

10:00 a.m. RESERVATION SYSTEM– Diana Dupuis, Operations Manager • This item updates the Commission on the status of the current central reservation system utilized by State Parks. It also considers goals and objectives for a future reservation system that better serves the agency's changing needs.

11:00 a.m. SOCIAL MEDIA – Virginia Painter, Communications Director and Toni Droscher, Communications Consultant 4 • This item updates the Commission on the agency’s social media program, focused on public outreach, education and engagement on parks, programs and activities of the agency.

11:30 p.m. STAFF REPORTS

12:00 p.m. MEETING ADJOURNED

12:00 p.m. LUNCH

1:30 p.m. COMMISSIONERS MEET INDIVIDUALLY WITH LEGISLATORS - CAPITOL

Commission Meeting Agenda Washington State Parks and Recreation Commission

Thursday January 29, 2015 Labor & Industries Auditorium, 7273 Linderson Way S.W. Tumwater, WA 98501

Time: Opening session will begin as shown; all other times are approximate.

Order of Presentation: In general, each agenda item will include a presentation, followed by Commission discussion and then public comment. The Commission makes decisions following the public comment portion of the agenda.

Public Comment: Comments about topics not on the agenda are taken during General Public Comments.

Comments about agenda topics will be taken with each topic.

If you wish to comment at a meeting, please fill out a comment card and provide it to staff at the sign in table. The Chair will call you up to the front at the appropriate time. You may also submit written comments to the Commission by emailing them to [email protected] by 5 p.m. on January 23, 2015.

9:00 a.m. CALL TO ORDER – Cindy Whaley, Commission Chair • Flag Salute, Anthony Riley, Safety Officer - Human Resources • Call of the roll • Introduction of Staff • Recognition of State and Local Officials • Election of Officers for 2015 • Approval of the Agenda • Approval of minutes of previous meeting: November 20, 2014 Spokane

9:30 a.m. PUBLIC COMMENTS: Pre-Arranged Speakers • John Floberg, Executive Director, Washington State Parks Foundation

9:40 a.m. GENERAL PUBLIC COMMENTS: Topics not on the agenda

10:00 a.m. REQUESTED ACTION – • Item E-1: Non-Recreational Motorized Use of State Park Long Distance Trail Corridors This item asks the Washington State Parks and Recreation Commission to adopt new agency policy on non-recreational motorized use of state park long-distance trail corridors. This item additionally asks the Commission to amend Policy 55-06-1 Real Estate Transactions and Non-Recreational Uses of Parklands to delegate to the Director or Designee the ability to permit motorized access on long-distance trails.

11:00 a.m. REQUESTED ACTION • Item E-2: Real Estate Management Policy This item asks the Washington State Parks and Recreation Commission to consider adopting several policy statements to provide direction for the agency’s real estate management activities.

11:30 a.m. REQUESTED ACTION • Item E-3: 2015 Director’s Contract This item asks the Washington State Parks and Recreation Commission to adopt the 2015 Director’s Performance Agreement. This item aligns with agency core values and advances the Commission Transformation Strategy “Adopt a business approach to park system administration.”

12:00 p.m. LUNCH

12:30 p.m. AREA REPORT- Karl Hinze & Laney McIntyre • Washington State Park Rangers Association

1:00 p.m. SERVICE PINS • Mark Schult, Information Technology, 35 years state service • M’Lee Barlow, Park Ranger, 25 years state and parks service

1:15 p.m. REPORT • Item E-4: 2014 Boating Program Update This item reports to the Washington State Parks and Recreation Commission an overview of Boating Programs and an update of accomplishments for 2014. Boating Programs is comprised of two federally funded programs that serve all Washington boaters both within and without State Parks. The two programs are the Recreational Boating Safety Program (RBS) and the Clean Vessel Act Program (CVA).

1:45 p.m. REPORT • Item E-5: Legislative Update This item reports to the Washington State Parks and Recreation Commission on the status of issues, bills and budgets affecting State Parks during the 2015 session of the Washington State Legislature.

2:15 p.m. REPORT • Item E-6: Discover Pass Program This item reports to the Washington State Parks and Recreation Commission on progress of the Discover Pass program. It describes several new marketing initiatives to attract and retain customers

3:00 p.m. BREAK

3:10 p.m. REPORT • Item E-7: Interpretive Program Updates This item updates the Washington State Parks and Recreation Commission on the Interpretive Transformation Initiative, including progress on Results Washington performance measurement and special license plate program investments.

3:40 p.m. REPORT • Item E-8: Current Biennium Financial Report and Update on 2015-17 Budget Requests This item reports to the Washington State Parks and Recreation Commission on the status of: 1) State Parks’ 2013-15 Biennium operating and capital expenditures, 2) Parks Renewal and Stewardship Account (PRSA) revenue collections, and 3) State Parks 2015-17 budget requests.

4:20 p.m. COMMISSIONER REPORTS

EXECUTIVE SESSION – If needed

Commission Training Washington State Parks and Recreation Commission

Friday January 30, 2015 WSPRC- Moran Conference Room 1111 Israel Rd SW, Tumwater, WA 98501

9:00 a.m. PARLIAMENTARY PROCEDURE TRAINING

12:00 p.m. ADJOURN

January 29, 2015

Item E-1: Non-Recreational Motorized Use of State Park Long Distance Trail Corridors – Errata

ERRATA: Document Location: Appendix 2, Section III General Principles, item C

Presently Reads: a. Other than OPDMDs, motorized recreational use of state park long-distance trails continues to be prohibited.

Change to: c. Other than snowmobiles in designated areas, and OPDMDs, motorized recreational use of state park long-distance trails is prohibited.

______

Approved for Transmittal to Commission:

______Don Hoch, Director

Item E-1: Non-Recreational Motorized Use of State Park Long Distance Trail Corridors – Requested Action

EXECUTIVE SUMMARY: This item asks the Washington State Parks and Recreation Commission to adopt new agency policy on non-recreational motorized use of state park long- distance trail corridors. This item additionally asks the Commission to amend Policy 55-06-1 Real Estate Transactions and Non-Recreational Uses of Parklands to delegate to the Director or Designee the ability to permit motorized access on long-distance trails. This item is consistent with the Commission Transformation Strategy “Demonstrate that all Washingtonians benefit from their state parks” and the agency culture and core values.

SIGNIFICANT BACKGROUND INFORMATION: Washington State Parks operates 455 miles of long-distance trails in five separate trail corridors. These trails, all former railroad rights-of-way, include Iron Horse State Park Trail, Willapa Hills State Park Trail, Klickitat State Park Trail, Columbia Plateau State Park Trail, and Spokane River Centennial State Park Trail. The current condition of the trail corridors varies. For example, Spokane River Centennial State Park Trail is paved for its entire length, while the portion of Iron Horse west of the Columbia River is surfaced in compacted crushed rock, and the center portion of the Columbia Plateau Trail is as yet unimproved, retaining its original railroad ballast surfacing. The use patterns on these trails are also quite varied, from the heavily used

Centennial Trail, to the moderately used Willapa Hills Trail near Chehalis, to the lightly used portion of Iron Horse in Adams County. All the trails, however, play important roles as portions of a long-term vision of a comprehensive cross-state trail system, connecting parks and communities across the state, and sparking the imagination of trail users in Washington and beyond.

Many of the trail corridors for at least part of their length cross rural agricultural lands, and in some cases, a single landowner owns lands on both sides of a trail. The Washington State Parks and Recreation Commission (Commission) has recognized and confirmed the rights of adjoining landowners’ pre-existing agricultural and forestry operations adjacent to its long-distance trails, and in Commission Policy 55-06-1, the Commission delegated to the Director the ability to permit these landowners access across or parallel to the trails, but not move in linearly on the actual trail tread, for temporary agricultural, forest management, or other uses.

In addition to Policy 55-06-1, until 2014 there was also a state statute that prohibited most motorized use on a portion of Iron Horse State Park Trail. State Parks has, however, received requests from adjacent landowners to allow them to drive on portions of state park long-distance trails in order to practice agriculture on otherwise difficult-to-access properties. State Parks was able to (at the Commission level) consider such requests for most of its long-distance trails, but not for the portion of Iron Horse covered by the statute. So in recognition of the importance of being a good neighbor, and in the interests of consistent management of its long-distance trails throughout the state, State Parks requested legislation in 2014 to remove the prohibition of motorized vehicles on Iron Horse, and committed to developing a policy to determine when and how to permit non-recreational motorized use of its long-distance trails by adjacent landowners. That bill (HB 2225) passed, and was signed by the Governor in March 2014.

PUBLIC PROCESS In August 2014, staff began work to develop a policy that would allow reasonable vehicular access by adjacent landowners while protecting State Parks facilities and resources, as well as the safety and recreational experience of trail users. Staff developed a project webpage (http://j.mp/1qKo6Qa) to share information on the policy development with the public, and put together a project contact list that included: • Recreational trail user groups • State and local elected officials • Tribes • Most adjacent landowners

The public process to develop the policy included four stages: 1. Seeking initial public input 2. Developing a draft policy based on that input 3. Seeking input on the draft policy 4. Developing a staff-recommended policy based on that input

Initial Public Input

Staff sent a mailing to the project contact list to ask for initial input to guide policy development. The mailing directed the public to the project webpage, where a document asked the following questions: • When and where is motorized use of the trail surface reasonable and appropriate? o Should it vary depending on recreational use patterns? o What level of motorized use is compatible with recreational trail use? • When motorized use is allowed, what limitations should be enforced? o What is a safe maximum speed for motorized vehicles? o How should drivers behave when encountering recreational trail users? o Should there be limits on seasons, days, times, or frequency of use? • What kind of monitoring is needed to ensure state property and facilities are protected? • What fees are appropriate? o How much should a permit cost? o How should trail damage be addressed?

The public submitted over 200 comments, and they roughly broke down as follows: • Supports agricultural use with few or no conditions: 24 responses • Supports agricultural use with conditions: 47 responses • Wants no motorized use of trails at all: 100 responses • Supports crossings only, no linear use: 7 responses • Comments related to motorized recreation (both pro and con): 34 responses

The public comments are available for review on the project webpage.

Draft Policy Staff used the initial public comments to develop a draft policy, which was posted to the project webpage, and a second mailing went out to invite input on the draft. Two public workshops were also held to explain the policy and gather additional input. The workshops were announced in a third mailing. A news release was also developed to announce the workshops and ask for input on the draft policy, and the story was run by at least 8 newspapers across the state.

The first workshop was held in Ellensburg on December 17, 2014, and approximately 40 people attended. The second workshop was held in Chehalis on December 19, with approximately 50 people in attendance.

Overall, Parks received nearly 200 responses to the draft policy, and those responses were used to develop the staff recommendation.

ISSUES Some of the issues that the public or staff saw in the draft policy included: 1. Conflict with Policy 55-06-1 Real Estate Transactions and Non-Recreational Uses of Parklands. This policy recognized “grandfathered” crossings of State Parks long distance trails, and also delegated to the Director authority to permit non-recreational use parallel to, but not on, the trail tread for temporary agricultural, forest management, or other uses. The new draft policy 55-15-1 is in conflict with 55-06-1 because it proposes to allow some non-recreational motorized use of the trail tread.

Proposed Resolution: Revise Policy 55-06-1 to delegate to the Director authority to authorize use parallel to, and on, the trail tread, as shown in Appendix 3.

2. Allowing motorized use at all. Many of the public comments received urged State Parks to prohibit all motorized uses of the trails. These park visitors expressed concern over safety, specifically: a. Concern that some trails or trail sections are not wide enough to allow recreationists room to pass motorized vehicles on the trail b. Concern that some drivers drive too quickly to allow a recreational trail user to get out of the way c. Concern that motorized vehicles may spook horses, which can result in serious injury for equestrians d. Concern that motorized vehicles may pose a fire danger because there can be dry vegetation within or adjacent to the trail.

There was also concern over how motorized vehicles would change the trail experience for recreationists. There were specific concerns about noise and exhaust fumes, and some comments said that there are relatively few places for people to hike or ride a horse or bicycle without fear of motorized vehicles, and they didn’t want to lose that experience. Public commenters also expressed concern about motorized vehicles damaging the trail surface, making it more difficult for recreationists to use.

Proposed Resolution: The staff-recommended policy affirms that non-motorized recreation remains the principal use of State Parks long-distance trails, and that the safety and pleasure of park visitors must not be significantly compromised by permitted motor vehicle use. It also allows motorized use only in areas where there is no other practical alternative for access to an abutting property. When motorized use is permitted, the policy includes conditions for use that are intended to minimize safety hazards and facility damage. Staff believes that there may be cases where there are no other reasonable alternatives to access privately-owned adjacent land than to drive on the trail. By developing a policy to restrict motorized use to permit holders who need to abide by the permit conditions, staff believes that State Parks can be a good neighbor while still protecting trail users and facilities.

3. Draft fee schedule. Many farmers and their supporters believed that the fees in the draft policy were too high. Some of this was due to misunderstanding how the draft fee schedule worked. After hearing an explanation of the intention behind the draft fee schedule at the public workshops, there was less opposition from those in the audience, but some still requested a simpler system with lower fees overall. Other commenters thought that there should be no fees for use by adjacent property owners, in particular in those places where there was some potential that they held title or some real property interest in the right-of-way.

Proposed Resolution: The staff-recommended fee schedule, in Appendix 2, streamlines and reduces the application and processing fees, and reduces the use fees to only cover

estimated costs for field staff to monitor the permitted use, plus a small per-mile fee to help cover trail surface maintenance for normal wear and tear. The underlying approach to fees would be to recoup actual public costs to allow private use of the public right-of- way.

4. Grant or permit restrictions. Some State Parks long-distance trails were purchased or developed with grant funding, and in many cases, there are deed restrictions or other restrictions that may limit the agency’s ability to permit non-recreational use of the trails. In some parks, there may also be restrictions imposed by a local government agency through the environmental permitting process. The consequences of not abiding by such restrictions can be costly. When a grant-funded project is determined by the funding agency to have been changed from its intended use, it is called a conversion. To resolve a conversion, State Parks would need to purchase and develop new recreational land as a replacement. Another complication of grant or permit restrictions is that proposed non- recreational motorized use permits may need to gain approval from the grant or permitting agency, in addition to State Parks. As an example, the center 40’ of the Willapa Hills State Park Trail corridor is subject to a deed restriction. If State Parks considers permitting non-recreational motorized use within that center 40’, the permit would also need to be reviewed through the Recreation and Conservation Office’s Allowable Use Procedure to determine whether it would be a conversion.

Proposed Resolution: The staff-recommended policy states that State Parks will abide by the restrictions imposed by grant funding or permitting agencies. The agency would thus not end up needing to resolve a costly conversion. This means that State Parks may need to consult with the Recreation and Conservation Office, or others, before approving a permit, and that in some cases a decision on whether non-recreational motorized use will be allowed will take longer than the 30 days required for State Parks review.

LEGAL AUTHORITY: RCW 79A.05.030

SUPPORTING INFORMATION: Appendix 1: State Park Long-Distance Trail Map Appendix 2: Proposed Policy 55-15-1 Non-Recreational Motorized Trail Use Permits and Proposed Fee Schedule Appendix 3: Proposed Revision to Policy 55-06-1 Real Estate Transactions and Non- Recreational Uses of Parklands

REQUESTED ACTION OF COMMISSION: That the Washington State Parks and Recreation Commission 1. Revise Commission Policy 55-06-1 Real Estate Transactions and Non-Recreational Uses of Parklands to delegate to the Director or designee authority to permit non-recreational motorized access on rail trails, as shown in Appendix 3. 2. Adopt proposed Policy 55-15-1 Non-Recreational Motorized Trail Use Permits, as shown in Appendix 2. 3. Adopt proposed Fee Schedule for Non-Recreational Motorized Trail Use Permits, as shown in Appendix 2.

4. Delegate to the Director authority to make minor changes as needed to Policy 55-15-1.

______Author(s): Nikki Fields, Parks Planner [email protected] 360-902-8658 Reviewer(s): Randy Kline, SEPA Review: Following review, staff has determined that the action proposed for the Commission by staff is exempt from the State Environmental Policy Act (SEPA) pursuant to WAC 197- 11-800(19). Christeen Leeper, Fiscal Impact Review: The Commission’s adoption of this policy is intended to be cost neutral as this program is intended to be financially self-supporting. The proposed amounts in the fee schedule will need to be reviewed and revised as needed. Michael Young, Assistant Attorney General Review: January 7, 2015 Peter Herzog, Assistant Director

Approved for Transmittal to Commission:

______Don Hoch, Director

APPENDIX 1 STATE PARKS LONG-DISTANCE TRAILS MAP

APPENDIX 2 PROPOSED POLICY AND FEE SCHEDULE

55-15-X Non-Recreational Motorized Trail Use Permits

II. PURPOSE The long-term preservation of publicly owned and managed long-distance trail corridors has many economic, social, environmental, and cultural benefits, and the protection of the integrity of these corridors is of paramount importance. State Parks also recognizes that

working agricultural lands benefit the state and that long-distance trails may, in some cases, act as barriers to efficient commerce. Some flexibility in allowing limited use of these corridors by motor vehicles is in the public interest.

The purpose of this policy is to provide guidance to Washington State Parks and Recreation Commission (State Parks) staff on permitting motorized non-recreational use of state park long-distance trail corridors. This policy does not apply to trail crossings, perpetual easements, park and corridor maintenance activities, emergency response activities, park concessions, or short-term special events or activities.

III. DEFINITIONS a. Conversion: In areas where land was acquired or improved with grant funding from the Recreation and Conservation Office (RCO), a conversion is a project status that results when use or function of recreation or habitat land or facilities changes to uses or functions other than those for which assistance originally was approved. Converted projects must be corrected by replacement with land and facilities of equivalent size, function, and value. b. Corridor Maintenance Activity: Repair, replacement or maintenance of fences, hedges, walls, or other structures by adjacent landowners c. Equestrian: A person riding a horse. For the purposes of this policy, as it relates to motor vehicle width restrictions, equestrian does not include wagon riders. d. Flagger: A person who provides temporary traffic control. e. Long-distance trails: Stand-alone trails or trails within linear parks, usually located on former railroad rights-of-way. State Parks long-distance trails include John Wayne Pioneer Trail, Willapa Hills Trail, Columbia Plateau Trail, Klickitat Trail, and Spokane River Centennial Trail. This policy does not apply to long- distance trails that only pass through State Parks property for a small portion of their extent, such as the Olympic Discovery Trail, the Pacific Northwest Trail, or the Discovery Trail. f. Motorized recreational use: Motorized use for the purpose of enjoyment, often using all-terrain vehicles, off-highway vehicles, or motorcycles. g. Motor vehicle: A terrestrial vehicle that is self-propelled using a motor or engine but not operated upon rails. h. Non-recreational motorized use: Motorized use of a State Parks long-distance trail for the purpose of access to an adjacent landowner’s property. i. Other Power-Driven Mobility Device (OPDMD): Power-driven devices other than wheelchairs used for locomotion by individuals with mobility disabilities. They are devices powered by batteries, fuel, or other engines, and may or may not be designed primarily for use by individuals with mobility disabilities. OPDMDs include golf carts, electronic personal assistance mobility devices, such as the Segway® PT, or any other mobility device designed to operate in areas without defined pedestrian routes. j. Significant degradation: Unmitigated loss or diminishment of scarce or sensitive public resources.

k. Trail corridor: A zone that includes the trail tread and the area to the sides of it, including all adjacent property owned or managed by State Parks that is dedicated to the trail and its supporting uses. The typical width of a State Parks trail corridor is 50 feet on center, or 100 feet total, but corridor widths can be narrower or wider. l. Trail tread: The portion of the trail on which people travel.

IV. GENERAL PRINCIPLES a. Non-motorized recreation remains the principal use of State Parks long-distance trails, and the safety and pleasure of park visitors must not be significantly compromised by permitted motor vehicle use. b. State Parks facilities, recreational values, and natural and cultural resources must not be significantly degraded by permitted motor vehicle use. State Parks may, at its sole discretion, not approve non-recreational motorized use of a trail if impacts from such use cannot be sufficiently mitigated, as determined by State Parks. c. Other than OPDMDs, motorized recreational use of state park long-distance trails continues to be prohibited. d. Non-recreational motorized use of a trail corridor will only be considered in areas where there is no other practical alternative for access to an abutting property. A practical alternative is defined as another access route, existing or legally permissible, that is economically feasible and environmentally acceptable, as determined initially by State Parks, and finally by the appropriate permitting agencies. e. Non-recreational motorized use of the trail tread will not be considered in areas of high recreational use as determined by State Parks using trail counts or direct observation of recreational trail use. When evaluating a permit renewal, State Parks will also consider whether recreational use has been displaced by the permitted non-recreational motorized use by evaluating use patterns on the impacted trail section in comparison to patterns on adjacent or similar sections of trail. If State Parks determines that recreational use would likely be high without the permitted non-recreational motorized use, the permit renewal will not be approved. f. Wherever feasible, and where it will not cause significant resource degradation, non-recreational motorized use should be adjacent to, rather than on, the recreational trail tread. g. There should be no net cost to the state to permit, maintain, monitor, or manage permitted non-recreational motorized use of State Parks trails. Permit fees should cover necessary state costs. h. State Parks will be the sole determiner of long-distance trail standards and condition requirements. The condition of permitted sections of trail must be maintained consistent with standards for comparable non-permitted sections of the trail. i. Any damage to the trail corridor caused by permitted non-recreational motorized users will be repaired to State Parks satisfaction as soon as feasible; such damage must not be allowed to accumulate for repair at the end of a use season.

Permittees should consult with State Parks before undertaking any repairs. Unrepaired damage will be cause for permit revocation. j. Any modification to State Parks property must be approved in writing prior to construction. k. State Parks will abide by any deed restrictions or other requirements imposed by the RCO, other grant funding agencies, or by permitting agencies. No use that results in a conversion or that is in violation of a building or environmental permit will be permitted.

V. OTHER REQUIREMENTS Permits for non-recreational motorized use of State Parks long-distance trails will include language and/or contract conditions as required for the protection of the park’s natural, cultural, historic, and recreational values. Such conditions may include, but are not limited to:

a. The size and type of vehicles driven on the recreational trail tread must not prevent safe passing by pedestrians, bicyclists, skiers, or equestrians while remaining on the trail tread except under the following conditions: i. The permittee provides flaggers or temporary barricades at the next road crossings or trail access points on either end of the trail section being used ii. The motorized use must not delay recreational use for more than 10 minutes in one occurrence, and for no more than 60 minutes in any day during daylight hours. iii. The vehicle track width, including its tires or tracks, must not exceed 90% of the width of the trail tread. b. Vehicle weights will be limited on trail sections and bridges when warranted. c. Vehicle width must not exceed the width of bridge railings or curbs. d. Motorized use will not be permitted through tunnels. e. The number of permitted vehicles using the same section of trail may be limited based on recreation use demands. f. The speed limit for motorized use must not exceed 15 miles per hour, except within 200 feet of recreational trail users, where speed must not exceed 5 miles per hour. g. Vehicle operators must yield to recreational trail users within 30 feet, and come to a complete stop to allow recreational users to pass. When encountering recreational trail users with horses or other pack animals, the vehicle operator must also turn off the vehicle until the animals have safely passed, unless the vehicle operates silently. h. State Parks bollards, gates, or other barriers must be replaced and relocked after each use, and permittees will not duplicate keys or make keys or lock combinations available to parties other than their employees or agents. i. Vehicle and equipment operators shall abide by all applicable licensing and safety regulations, and will not engage in any use of State Parks land that is in violation of any Federal, State, or local law.

j. Vehicle operators shall carry their permit, and display it when requested by State Parks staff. Permittees are responsible for ensuring any vehicle operators under their permit understand and abide by permit requirements. k. In times or places where fire danger is elevated, State Parks may prohibit motor vehicles on the trails entirely or may require fire prevention and fighting measures. This may include, but is not limited to, vehicle exhaust modification, or firefighting tools, extinguishers, and/or a pump unit until the fire danger is over. l. State Parks may restrict non-recreational motorized use during special events or while it implements repairs or capital projects. m. State Parks may restrict non-recreational motorized use in areas or times when priority, listed, or other sensitive species inhabit the trail corridor.

VI. PROCESS The following process will be used to determine whether a request for non-recreational motorized use is permitted: a. Applicant will complete State Parks Application for Real Property Agreements. b. State Parks staff will review the application. c. If staff are considering permitting the use: i. Relevant information will be posted to the State Parks website for a 14- day public comment period. A notification will be sent to known interested parties. Longer comment periods may be considered in extraordinary cases, at the discretion of the Assistant Director of Parks Development. ii. Staff will consult with the Recreation and Conservation Office, and submit an Allowable Use Request if needed. d. Final determination will be made by the Assistant Director of Parks Development. Most determinations will be made within 30 business days of application, but more time may be needed if the request must be reviewed by the Recreation and Conservation Office or other agencies.

VII. VALUATION The State Parks and Recreation Commission sets application and processing fees and guides staff in deriving use fees in its annually revised “Fee Schedule—Real Estate and Concession Services.” Fees for non-recreational motorized use permits are only intended to cover necessary state costs to approve and manage the permit. a. State Parks may, at its sole discretion, consider and accept non-monetary compensation or benefits in lieu of or in addition to monetary consideration when authorizing permits or other agreements, provided the action is consistent with federal and state law and with Commission policy. The in-kind services shall be documented and accepted in writing as being of equal or greater value than the monetary fee value for the use. b. State Parks may, at its sole discretion, waive or reduce use fees in lieu of other considerations when the proposed user is a public entity or a non-profit organization.

c. In addition to use fees, State Parks may require liability insurance and a surety bond or savings account assignment.

VIII. ASSIGNMENT A State Parks non-recreational motorized user permit may only be used by the permittee or the employees or agents of the permittee. The permit is not assignable.

IX. TERM The maximum term for a non-recreational motorized use permit on the trail tread is 5 years. State Parks reserves the right to review and cancel use based on changing circumstances. Permits shall not be cancelled without cause and any cancellation will consider costs incurred by permit holders to comply with terms of the permit (e.g., road construction, equipment, or fencing). In trail sections with improvement projects underway at the time of application, a shorter term may be approved to allow for consideration of higher recreation use levels after the improvement project. Longer terms will be considered for use adjacent to, but not on, the recreational trail tread. After expiration, a renewal request may not be approved if conditions or recreational use patterns have changed.

X. TERMINATION A non-recreational motorized use permit will remain in effect during its full term unless: a. The permittee is twice found in violation of the terms or conditions of the permit agreement without substantive reason, as determined by State Parks. b. State Parks receives consistent, repeated, and substantiated complaints from recreational users or adjacent landowners about the motorized use. c. The cost for State Parks to maintain the trail in a condition suitable for motorized use becomes prohibitive, such as if the trail becomes unusable due to damage not caused by the permittee, and State Parks is unable to repair that damage. d. State Parks cancels the permit due to changing circumstances, such as increased levels of recreational use. State Parks will communicate with the permittee before cancelling a permit, and whenever feasible will provide at least a 30-day notice of cancellation.

Washington State Parks and Recreation Commission Non-Recreational Motorized Trail Use Permits Fee Schedule January 29, 2015

Use Type Application and Processing Use Fee (Annual) Fee (Discounts for in-kind benefit or (Due at application. service in lieu of fees may be Not refundable) considered, and must be agreed to (to cover staff time to review in writing) application) Trail corridor maintenance, $100 No Use Fee repair, and emergency use only Year-Round Use— $250 • $200 (for monitoring by on-site Standard width light and staff) medium duty vehicles + • $500/mile (for anticipated increase in routine maintenance required. Fee will be reduced for shorter trail segments.) Year-Round Use— $250 • $200 (for monitoring by on-site Wide or Heavy Duty Vehicles* staff) + • $1,000/mile (for anticipated increase in routine maintenance required. Fee will be reduced for shorter trail segments.) Intermittent Use $250 Determined case-by-case. (Prorated from year-round use.)

* Wide or heavy duty vehicles are vehicles over 97 inches in width or over 26,000 pounds gross combination weight rating.

APPENDIX 3 PROPOSED REVISION TO POLICY 55-06-1

NOTE: Proposed revisions are shown as underlined bold for insertions and strikethrough for deletions.

55-06-1 Real Estate Transactions and Non-Recreational Uses of Parklands (Revisions approved August 9, 2012 by Agenda Item E- 1 appendix 1, and January 29, 2015 Agenda Item E-1 appendix 3)

I. DEFINITIONS A. Non-traditional park lands – any State Parks’ property that: 1. Is in whole or substantial part a former railroad right-of-way corridor (commonly referred to as a rail-trail) 2. Shows evidence of previous or current industrial or commercial use 3. Has been designated as “non-traditional” park land by the Commission

B. Traditional park lands – all other properties of the State Parks system

C. Grandfathered Access – a historical road used for agriculture (seasonal ingress/egress), forestry access, a single private residence or other limited access to privately/publicly held lands defined as less than 50 trips per year

D. Road Crossing – either a county road crossing or private drive which can feasibly be improved or additionally developed to access property. Utilities of any form located on, over, under or within park lands are not considered Crossings

E. Unreasonable hardship – where the next best alternate access route or crossing is proven to the satisfaction of the Director to be either economically infeasible or environmentally unacceptable

F. Surplus park lands – those lands which the Commission has formally designated as lands under its control that cannot advantageously be used for State Parks purposes and are not consistent with, or contribute significantly towards fulfilling the agency mission

G. Major facilities – include but are not limited to sewage treatment facilities, central utility plants, major structures, transmission lines, new transmission towers, public and private telecommunications, commercial cables or conduits, commercial buildings, pipelines, etc.

H. Concession – any contractual agreement (e.g., lease, franchise, permit, etc.) granted by the Commission for the purpose of providing public accommodations, facilities and/or services on parkland

I. Concessionaire – the contractor, franchisee, or permittee who provides public accommodations, facilities and/or services on parkland pursuant to a concession

J. Economic benefit: Includes cost avoidance, land or material exchange, and revenue earned to the park system as a result of the agreement

GENERAL PRINCIPLES

A. Park Values. The Washington State Parks and Recreation Commission is firmly opposed to the placement on parklands of any facility, utility line, improvement or commercial facility that will have a significant adverse effect on public recreation or the natural environment. Protection of park values and the provision of public recreational needs are paramount to any other use.

B. Refusal of Application. The Commission may, at its sole discretion, refuse to approve any proposed use or concession on the basis that the facility or service detracts from the natural, cultural, or recreational values of the park, or causes adverse impacts that cannot be sufficiently mitigated.

C. Review Criteria. The Commission may grant uses and/or site facilities only when review criteria are met. The Commission will consider the following in reviewing any request to use park lands for non-recreational purposes and deciding whether to grant or deny such a request.

1. The extent to which the requested use will impact the physical environment and recreational uses of the park lands on which the use will occur; 2. The extent to which any such impacts can be mitigated to the satisfaction of the Commission. Proposals that cannot be successfully mitigated will be denied; 3. The amount of revenue to be generated based on payment of compensation pursuant to the applicable fee schedule or other valuation method adopted by the Commission or otherwise provided by law.

Review Criteria for granting uses on non-traditional park lands take into account the significantly different attributes and management conditions of rail-trails and other non- traditional lands. It is the policy of the Commission to recognize the significantly different attributes and management conditions of rail-trails and other non-traditional lands, and to be more flexible in permitting non-parks uses; specifically:

A. The Commission continues to recognize established “grandfathered” residential, agricultural, forestry and other limited use access crossings of former railroad rights-of-way, and will not assess application or use fees against holders or requestors of “grandfathered” permits. “Grandfathered” crossings may be relinquished by the owner or terminated with the owner’s consent.

B. Existing leases of rail-trail lands will be honored for the duration of their terms. The Commission will consider renewals or new leases per RCW 79A.05.030(5).

C. Permits or easements for crossings of these rights-of-way corridors, binding on all signatories, must fulfill statutory requirements under RCW 79A.05.030 (5) and RCW 79A.05.070 (7); be approved as to form by the AAG; and follow Commission policy and objectives as detailed in the LANDS Manual, Volume One: Narrative and Data Tables.

D. The Commission recognizes and confirms the rights of adjoining landowners’ pre-existing agricultural and forestry operations on lands adjacent to the rail-trails.

The Director or designee may permit access or other use parallel to, but not on or in some cases on, the recreational trail within the right-of-way corridor of a rail-trail, for temporary agricultural, forest management or other uses under such terms and conditions as deemed necessary to protect the public interests.

E. Valuation. The Commission sets application and processing fees and guides staff in deriving use fees per its annually revised “Fee Schedule – Real Estate and Concession Services.” 1. Staff may use other agencies’ appraisals in deriving value of lands to be leased. In the event no independent appraisal is required, fair rental shall be determined through staff review, evaluation and negotiation. 2. The Commission may consider and accept non-monetary compensation or benefits in lieu of or in addition to cash or monetary consideration when authorizing leases, permits, easements or other agreements; Provided, the action is consistent with federal and state law and Commission policy. The in-kind services shall be documented and accepted in writing as being of equal or higher value than the negotiated monetary value for the use. 3. The Commission may, at its sole discretion, waive or reduce rents in lieu of other considerations when the proposed user is a public entity or a non-profit organization.

F. Waiver. Each use or concession request is unique; therefore, on a case-by-case basis, staff may request the Commission to waive specific requirements, to require additional materials, or to deviate from generally accepted criteria.

G. Other Requirements. Commission-approved agreements for non-recreational uses of parklands will include language and/or contract conditions as required for the protection of the park’s natural, cultural, historic or recreational values.

Use Agreement terms and conditions, binding on all signatories, must fulfill statutory requirements under RCW 79A.05.030 (5) and RCW 79A.05.070 (7); be approved as to form by the AAG; and follow Commission policy and objectives as detailed in the LANDS Manual, Volume One: Narrative and Data Tables. “No permanent use may be conveyed that is not reciprocal or for the primary/sole benefit of the Commission.” (Adopted May 3, 2001.)

H. Surplus Park Lands. The Commission may dispose of parklands only as authorized by statute. Surplus park property may be sold only after unanimous Commission declaration in open session of a regularly scheduled or special meeting that the property to be sold is surplus

to the needs of the state park system. Disposal of surplus park lands pursuant to RCW 79A.05.175 shall be guided by the following:

1. Staff will clearly separate the two processes of 1) designating a parcel of park lands surplus to the needs of Commission and 2) conducting subsequent property improvements, entitlements and sale activities with respect to such park lands. 2. Staff will seek to maximize the return to the State Parks system from the sale of any park lands declared surplus by the Commission, unless otherwise specifically directed by the Commission. Staff may determine that property improvements or entitlements are warranted prior to the sale of surplus property. The Commission acknowledges that prudent investments through reasonable property improvements of surplus property will return a net, positive economic value on the date of sale. Investments of this type are in the best interest of the Commission. 3. Prior to recommending disposal of surplus property to the Commission, staff will consider off-setting benefits or payments from third parties, in support of Commission goals to protect open space and natural areas. Surplus park lands shall be transferred in a natural condition, consistent with existing Commission policies and values (environmental, cultural, historic and recreational) when such transfers are economically feasible or environmentally warranted.

Item E-2: Real Estate Management Policy– Requested Action

EXECUTIVE SUMMARY: This item asks the Washington State Parks and Recreation Commission to consider adopting several policy statements to provide direction for the agency’s real estate management activities. This item aligns with agency core values and advances the Commission Transformation Strategies: “Expand use of land holdings for compatible revenue generating purposes” and “Develop amenities and acquire lands that advance transformation.”

SIGNIFICANT BACKGROUND INFORMATION:

State Parks Strategic Plan In July 2014, the Commission adopted a new Strategic Plan to guide agency decision making during the next five years. The Commission identified commitments necessary to move the park system forward to sustainability and health. The first is provided below and serves as the broader policy basis for recommendations in this agenda item.

Commitment 1: Size and scope of the state parks system One of the nation’s largest, most diverse and well-loved parks systems should not be reduced into a significantly smaller system. Public expectations and sentiments have been clear; any large-scale departure from the size and core services of Washington State Parks is not acceptable. If special opportunities arise to secure the protection of singular and special properties of great public value, the agency will pursue those. These decisions will be made based on the strengthening of a system of parks, and a focus on agency mission.

This is not to say that every portion of each park represents a critical part of the system. The agency will continue to review its land base, identifying those sites that may not have significant long-term legacy value in terms of natural and cultural heritage, scenic and recreational opportunities. The Commission reserves the right to consider transfer, lease or sale of those assets that do not meet the threshold of long-term legacy value. In order to maintain a viable system of parks, the agency will: • Keep to the stated mission, vision and scale of the system • Remain open to appropriate partnerships with local government, Tribal governments and others • Remain open to opportunities to improve the quality of the system for now and the future.

State Parks Transformation Strategy In 2011, in the midst of the largest economic crisis since the Great Depression, Washington’s Legislature and Governor made the difficult decision to eliminate most General Fund support for Washington State Parks and to replace it with a system that relies on user fees and earned revenue to pay for most agency operating expenses. Faced with such a profound change, State Parks had no choice but to fundamentally rethink the way it provides public recreation, while ensuring continued protection of some of the state’s most significant natural, cultural, and historical assets.

In 2013, the Washington State Parks and Recreation Commission adopted a Transformation Strategy to guide the agency’s efforts to build financial and public support. The Transformation Strategy focused on seven overarching strategies to build that support. They are: 1. Demonstrate that all Washingtonians benefit from their state parks 2. Adopt a business approach to park administration 3. Provide recreation, cultural, and interpretive opportunities people will want 4. Promote meaningful opportunities for volunteers, friends, and donors 5. Form strategic partnerships with other agencies, tribes, and non-profits 6. Expand use of land holdings for compatible revenue-generating purposes and 7. Develop amenities and acquire lands that advance transformation.

Items six and seven focus on real estate management and the initiatives undertaken to advance them led to preparation of this agenda item.

Public Participation Development of real estate policy recommendations follows numerous Commission work sessions and previous Commission actions regarding park transfers and lease of lands from other government jurisdictions. To solicit public input on policy recommendations included in this requested action, staff prepared a public outreach document and e-mailed it to a list of agency stakeholders. The outreach document was provided to the Commission and is available on request. Recipients included current agency concessionaires, conservation organizations, land

trusts, state and local government officials, Native American Tribes located in the state, and other individuals and organizations signed up to receive agency policy information.

STAFF RECOMMENDATIONS: Staff recommends that the Commission set additional policy to guide real estate management activities in the following four areas: Recreation Business Activities – Providing opportunities for privately financed development of recreation facilities in state park areas Enterprise Lands – Leasing surplus lands for revenue-generating purposes Land Transfers and Exchanges with other Government Jurisdictions – Transferring or exchanging surplus lands to other governments Land Leases from other Government Jurisdictions – Setting authority between the Commission and staff for renewing leases from other jurisdictions.

For each of these areas, staff summarizes the policy issues, poses key questions, and outlines its recommendations. Staff also describes procedural considerations anticipated during implementation of the policy. With Commission approval of high-level policy recommendations included in this agenda item, staff recommends that the Commission then delegate authority and direct staff to incorporate and otherwise harmonize recommendations into existing Commission real estate policy. Staff anticipates bringing further refinements to the associated policies with experience gained through any initial transactions and implementation.

Recreation Business Activities State Parks has a long history of partnering with private concessionaires to provide recreational amenities in parks. In the past, these amenities have usually been outside of the agency’s traditional areas of expertise. Examples have included operation of food and beverage stands, restaurants, kayak rentals, golf courses, and luxury camping (glamping). These types of activities historically have been authorized through concession lease agreements.

Traditionally, most funding for physical improvements in state parks has come from state capital appropriations or grants, but reduced funding for park operations has resulted in more of the agency’s existing facilities needing major maintenance. An outcome has been the need to direct most of the agency’s limited capital funding toward deferred maintenance projects, rather than responding to demands for new and different facilities and opportunities for a growing and changing state population.

To better meet the needs of park visitors and to generate additional revenue in support of park system operation, real estate agreements for privately financed and operated recreational facilities in state parks can be one effective tool. Staff has named these types of arrangements “Recreation Business Activities” (RBAs). Whereas traditional concession agreements typically involve operation of agency-owned structures by private concessionaires, RBAs would be intended as opportunities for the private sector to finance, construct, and operate recreation facilities in appropriate areas in state parks.

Policy Question 1: Where are Recreation Business Activities appropriate?

The Commission has adopted land classifications for most of its parks as part of the agency’s Classification and Management Planning (CAMP) Project. Land classifications are essentially management zones that prescribe the kinds of facilities and activities that can occur in various areas of a state park. They range from the most restrictive Natural Area Preserves, which are reserved for scientific or educational purposes, to the least restrictive Recreation Areas that allow for higher-intensity recreation facilities such as campgrounds or indoor accommodations. The State Parks land classifications, generally listed from lowest to highest intensity activities and facilities include: • Natural Area Preserves • Natural Forest Areas • Natural Areas • Resource Recreation Areas • Heritage Areas • Recreation Areas

Determining appropriate sites for RBAs is essentially a question of park land use and facilities planning. As such, the agency’s land classification system (Appendix 1) is a well-suited mechanism through which to evaluate and approve appropriate areas within parks for these activities. Land classifications or later modifications to them are approved by the Commission. These are formal actions that undergo the highest degree of staff scrutiny, public review, and environmental analysis under the State Environmental Policy Act (SEPA).

Staff Recommendation: RBAs should generally be limited to areas within parks classified as Recreation, Resource Recreation, and Heritage Areas. Constructed facilities should also be consistent with adopted management guidelines that set the appropriate intensity and types of facilities for each of these land classifications. RBAs involving construction of facilities should not be permitted in Natural Areas, Natural Forest Areas, or Natural Area Preserves.

Policy Question 2: What types of Recreation Business Activities are appropriate? Current state park recreational developments include campgrounds, picnic facilities, trails, cabins, vacation houses, dormitories, hostels, and even small resorts (e.g., Cama Beach State Park). Clearly, not every type of recreational facility is appropriate in every park. While permitted in recreation areas and conditionally permitted in Heritage Areas, the Commission has not to date pursued development of lodges or small hotels. These types of developments would likely be well-suited as RBAs. Privately financed development of day-use facilities might also be considered (e.g., camping supply shops, cafés and restaurants).

Staff Recommendation: Specific types of RBAs should be consistent with a park’s adopted land classifications and the corresponding Land Use and Land Classification Compatibility Matrix outlined in the agency’s land classification system. If a type of facility or activity is not specified in the matrix, a decision

24 to permit, conditionally permit, or not permit a facility or activity should be based on the most similar or closely aligned facility or activity listed in the guidelines.

Policy Question 3: Where should the proceeds from Recreation Business Activities be directed? By statute, proceeds from leases and concessions are deposited in the Parks Renewal and Stewardship Account (PRSA). PRSA is the agency’s main operating account used to fund operation and support of the state park system.

Staff Recommendation: Proceeds from Recreation Business Activities should be deposited in PRSA and generally be available for operation of the state park system. Pursuing changes to the PRSA statute is not recommended at this time.

Procedural Considerations for Designating Recreation Business Areas Land classifications adopted by the Commission should serve as the principle mechanism through which staff proposes and the Commission approves RBAs.

Staff is recommending that RBAs be conditionally permitted activities in Recreation Areas, Resource Recreation Areas, and Heritage Areas. Facilities associated with RBAs should be conditionally permitted in Recreation Areas and Heritage Areas. If the Commission adopts policy recommendations for RBAs in this agenda item, staff will update the Land Use and Land Classification Compatibility Matrix in the agency’s land classification system to add “Recreation Business Activity” to the recreational activities matrix. Anticipated changes to this matrix are included in Appendix 2.

If the Commission adopts policy recommendations for RBAs in this agenda item, staff would next prepare, for Commission adoption, a set of general guidelines for the types of activities that may or may not be permitted in RBAs to guide future private sector solicitations. Staff anticipates RBAs would be limited to those that provide or support recreational, educational, artistic, cultural, community-oriented, or other Commission mission-aligned activities.

Approval of an RBA will typically require two separate Commission actions. First, any RBA would only be permitted if the Commission specifically approves this activity in a particular park within a specific classified area. This could be done as part of initial land classification or later as an amendment to the original classification action.

Second, most RBAs will require a lease or other contractual agreement between the proponent and the agency. By statute, the Commission must unanimously approve any leases with terms exceeding 20 years. Consequently, the Commission would be required to take a second action to approve a long-term lease before an RBA could proceed. For lease terms shorter than twenty years, staff would have the authority to grant an RBA lease without Commission approval. Staff anticipates incorporating specific guidelines and limitations into proposed leases to ensure an RBA is appropriate to a park setting, irrespective of the length of term for a lease.

Enterprise Lands

When classifying park lands as part of the agency’s CAMP project, the Commission also typically designates a long-term park boundary. The long-term park boundary is intended to include lands that advance the conservation or recreation missions of a park. In many cases, the long-term park boundaries are larger than the current State Parks ownership; conversely, sometimes agency-owned property is determined to be unnecessary for state park purposes and is declared surplus.

Surplus park properties have traditionally been transferred to other government agencies or sold at auction, with the proceeds going to fund priority land acquisitions. As an alternative to sale or transfer, the Commission could consider retaining suitable surplus lands and making them available for lease to other public or private parties for the primary purpose of generating revenue to support the state park system. Such leased surplus lands can be dubbed Enterprise Lands.

The Commission currently manages 16 properties which meet the working definition of Enterprise Lands and are managed primarily for revenue-generating purposes. These lands are managed through approximately 40 commercial lease agreements with second parties. Leased uses include mountaintop communication sites, grain elevators along cross-state trails, water towers, parking facilities and airport runways. In the majority of cases, the commercial use was already underway when the land was acquired.

Policy Question 1: Should the Commission set aside lands exclusively for revenue purposes? The Commission’s adopted Transformation Strategy specifically prescribes expanding the use of the agency’s land holdings for compatible revenue-generating purposes. The Parkland Acquisition statute requires that any proceeds from sale of land be dedicated to purchasing new land. Designating Enterprise Lands would instead result in lease agency-owned lands that are not suitable for park purposes to other qualified public or private parties for non-park uses. This could provide an ongoing source of revenue to help support operation of the state park system. If clearly deemed surplus, it would also not negatively impact existing or future state park lands.

Staff Recommendations: 1. The Commission should designate selected lands exclusively for revenue-generating purposes (Enterprise Lands), but only when the Commission unanimously finds these lands cannot advantageously be used for park purposes and declares them surplus to the needs of the agency as included in statute (RCW 79A.05.175). These lands additionally should be expected to possess attributes and characteristics typically sought by the private real estate development industry for development purposes.

2. Enterprise Lands should be made available for lease to private parties or other government jurisdictions, the specific conditions of which should be approved by the Commission if the lease term exceeds 20 years. Unlike RBAs, business activities within Enterprise Lands should not be required to conform or align with the agency’s mission. Enterprise Lands would be available for use within the parameters established by the Commission on a site-by- site basis.

3. If after suitable periods of time and reasonable efforts to advertise Enterprise Lands opportunities the agency is unsuccessful in attracting and negotiating leases with qualified public or private parties, subject lands may be sold or otherwise disposed of without further Commission action as provided by statute (RCW 79A.05.175).

Policy Question 2: Should State Parks purchase new lands specifically for real estate investment? The Commission does not currently have statutory authority to acquire lands for purposes other than for development and operation of state parks. Acquiring lands for the purpose of designating them as Enterprise Lands would require an act of the Legislature.

Staff Recommendation: Acquiring new lands solely for the purpose of leasing them for non-park purposes should not be pursued. However, the Commission may find it necessary to purchase lands that are not suited to park purposes as part of a larger transaction that secures high-quality lands for state park purposes. In these instances the Commission should consider retaining the unsuited lands for an Enterprise Lands designation.

Policy Question 3: Where should the proceeds from Enterprise Lands be directed? By statute, proceeds from leases and concessions are deposited in the Parks Renewal and Stewardship Account (PRSA). The PRSA is the agency’s main operating account used to fund operation and support of the state park system. Also, by statute, proceeds from sale of park lands must be deposited in the agency’s Parkland Acquisition Account (PAA) and can only be used to purchase new lands.

Staff Recommendations: 1. Proceeds from Enterprise Lands should be deposited in the PRSA and generally be available for operation of the state park system. Pursuing changes to the PRSA or PAA statutes is not recommended at this time. 2. The Commission should direct staff to explore and prepare recommendations for Commission consideration on whether and how to pursue establishment of a trust, endowment, or similar interest-bearing and investment account. If such an account is approved and/or established by the Commission, proceeds from Enterprise Lands or other revenue sources may be deposited there. Income generated by the trust or endowment account if established should be dedicated to operation of the state park system.

Procedural Considerations for Designating Enterprise Lands If the Commission approves staff policy recommendations in this agenda item, additional Commission actions will be necessary to further refine Enterprise Lands policy and ultimately grant land leases for this purpose. Staff would next prepare, for Commission consideration, specific criteria with which to identify and evaluate candidate sites for Commission designation of Enterprise Lands. Staff would then use these criteria to identify candidate agency-owned lands that are suitable for Commission designation for this purpose.

Ultimate approval of an Enterprise Land leases would typically require two separate Commission actions. First, the Commission would need to find one or more candidate properties surplus to its needs and formally designate them as Enterprise Lands. Staff would then solicit interest in these lands from other public or private parties.

Second, most Enterprise Land arrangements would require a long-term lease to be feasible for the private sector. By statute, the Commission must unanimously approve any leases with terms exceeding 20 years. Consequently, the Commission would be required to take a second action to approve a long-term lease before an Enterprise Land arrangement could proceed. For lease terms shorter than twenty years, staff would have the authority to pursue Enterprise Lands leases without additional Commission approval.

Land Transfers and Exchanges with other Government Jurisdictions Early in the Great Recession, the State Parks and Recreation Commission transferred some state parks to local or Tribal governments to relieve the agency of the operating costs associated with those facilities. A number of state parks were transferred to other jurisdictions. Examples include Fay Bainbridge and Fort Ward State Parks, which were transferred to the Bainbridge Island Metropolitan Park and Recreation District, and Fort Okanogan State Park, which was transferred to the Confederated Tribes of the Colville Reservation.

After the Discover Pass was implemented, however, the benefits of such transfers became less clear. State Parks would save operating costs if a park were transferred to a local or Tribal government, but it also would lose fee-based revenue from visitors primarily interested in the transferred parks. In addition, shrinking the state park system would provide Discover Pass purchasers less value for their money. State Parks has not transferred a park to another agency since the Discover Pass was implemented; however, some local and Tribal governments have requested that state park lands be transferred to them.

Policy Question: Under what conditions should the Commission consider originating or consider requests to transfer all or part of state parks or state park properties to other government jurisdictions?

Staff Recommendations: 1. By statute, the Commission may transfer lands without financial compensation to another government jurisdiction when it unanimously finds that the lands are surplus to the needs of the state for development for state park purposes (RCW 79A.05.170). Further, the Commission may sell or exchange lands when it unanimously finds that lands cannot be advantageously be used for park purposes (RCW 79A.05.175). Consistent with these statutes, the Commission should actively and strategically manage its real estate holdings to improve and enhance the quality and extent of state park recreation and conservation opportunities to best meet the needs of this and future generations of Washington residents and visitors. The Commission should under specific circumstances consider transfer, sale, and exchange of agency-owned property to other government jurisdictions, including Native American tribal governments, as an appropriate mechanism through which to redirect resources and, in part, achieve its strategic land management goals.

2. The Commission should consider originating transfer of all or part of state parks or state park properties to other government jurisdictions only when the Commission unanimously finds a park or property is surplus to its needs consistent with RCW 79A.05.170. The Commission may make such a finding when: a. A catastrophic natural disaster or event has either closed or significantly impacted the use of the park or property for state park purposes; or b. Legal or physical access to the park or property has been lost (e.g., court action, title claim, or condemnation proceeding), or when

c. All or part of a park or property does not sufficiently advance the Commission’s strategic goals or direction as expressed in its adopted strategic planning documents or other actions.

3. Notwithstanding section 2 above, the Commission may also consider originating transfer of all or part of a state park or state park property to other government jurisdictions when necessary to address insufficient agency financial resources to continue operation of the site or as directed by the Legislature. The Commission will consider such transfers to be consistent with RCW 79A.05.170 and RCW 79A.05.175.

4. The Commission should only consider requests from other government jurisdictions for transfer or sale of all or part of a state park or state park property to other government jurisdictions when the Commission unanimously finds that a park or property is surplus to its needs consistent with RCW 79A.05.170 or RCW 79A.05.175. The Commission may make such a finding when: a. All or part of a state park or state park property is considered an inholding in another government entity’s real estate ownership or other formally established property acquisition boundary (e.g., Tribal reservation, wilderness area, state wildlife area, state natural resource conservation area, local community forest or park); or when b. It can be demonstrated that transferring ownership of all or part of a park or park property to another government jurisdiction will better achieve the property’s originally intended purpose or otherwise better advance the Commission’s recreation or conservation mission.

5. The Commission should only consider originating or evaluating requests for exchange of all or part of parks or park properties when the Commission finds that a park or park property is surplus to its needs consistent with RCW 79A.05.175. The Commission may make such a finding when an exchange transaction will result in a significant net benefit to the Commission’s statewide recreation or conservation mission.

6. When considering any transfer or exchange of state parks or state park properties to other government jurisdictions, the Commission should evaluate efficacy of the proposed transaction(s) using criteria derived from strategic goals or direction as expressed in adopted strategic planning documents. For example, in looking at the Transformation Strategy, these criteria should at minimum include the degree to which a potential real estate transaction advances adopted strategies: a. Demonstrates the benefits from protection of natural and cultural resources b. Advances the business interests of the agency c. Enhances the recreation, cultural and interpretive opportunities that people want d. Promotes meaningful opportunities for volunteers, friends and donors e. Forms strategic partnerships with other agencies, tribes and non-profits f. Expands use of land-holdings for compatible revenue generating purposes g. Develops amenities or acquires lands that advance transformation

Land Leases from other Government Jurisdictions State Parks manages a number of parks on land leased from other government agencies. Examples include Maryhill State Park, which is leased from the U.S. Army Corps of Engineers, and Lincoln Rock State Park, leased from Chelan County PUD. These properties are generally leased for 25 years at a time. A recent example is a lease signed with US Army Corps of Engineers to reopen Lyon’s Ferry State Park in southeast Washington.

The agency faces the same issues with leased parks as it does with potential park transfers. When a lease expires, the agency may save operating expenses by terminating the lease but also would lose fee-based revenue from the park. Not renewing leases is also akin to a park transfer or closure in its sensitivity to park stakeholders. Staff is interested in refining Commission policy to guide when staff has the authority to lease lands from other government jurisdictions and when it makes sense for the Commission to authorize such actions.

Policy Question: What is the appropriate decision-making level at which to renew or cancel leases for all or part of existing state parks leased from other governments? Staff believes it currently has authority to lease lands from other government jurisdictions not requiring lease payments without Commission action. Particularly new leases and cancellation of leases for established state parks can however be highly significant and sensitive decisions with considerable financial implications.

Staff Recommendation: New leases and cancellation of leases for entire state parks or parts of parks with major recreational or resource assets (e.g., campgrounds, developed day use areas, historic properties) with terms of more than 20 years should be approved by the Commission. Renewal of existing leases for all or parts of state parks from other governments should be approved by the Director. Cancellation of leases for parts of state parks without major recreational or resource assets should be approved by the Director.

LEGAL AUTHORITY: RCW 79A.05.030 Powers and duties – Mandatory RCW 79A.05.170 Transfer of surplus land – Reversionary clause required – Release – Parkland acquisition account RCW 79A.05.175 Disposal of land not needed for park purposes RCW 79A.05.178 Real property disposal – Disputed land – Manner – Notice and hearing – Suit for noncompliance RCW 79A.05.180 Exchange of state land by commission – Public notice – News release – Hearing – Procedure

SUPPORTING INFORMATION Appendix 1: State Parks Land Classification System Appendix 2: Recommended Revisions to the Land Classification System’s Land Use and Land Classification Compatibility Matrix - Activities

REQUESTED ACTION FROM COMMISSION: That the Washington State Parks and Recreation Commission: 1. Consider and approve staff policy recommendations outlined in this document and delegate to the Director authority to integrate and otherwise harmonize the approved policy statements with existing Commission real estate policy documents. 2. Direct staff to provide the Commission a report on resulting revisions to existing policy documents. 3. Direct staff to prepare general guidelines for Commission consideration on the types of Recreation Business Activities that will be permitted in state parks. 4. Prepare criteria for Commission consideration for identifying and evaluating candidate sites for Commission designation as Enterprise Lands. 5. Direct staff to proceed with a pilot project to request that the Commission designate the agency-owned “Auburn Property” as Enterprise Land and consider a long-term lease proposal at the Commission’s March 26, 2015 meeting. 6. Explore establishment of a trust, endowment, or similar financial mechanism through which to manage and invest proceeds from Enterprise Lands-related activities. 7. Explore and recommend statute changes that help implement adopted real estate policy provisions and otherwise improve efficacy of the agency’s real estate activities.

Author(s)/Contact: Steve Hahn, Real Estate Program Manager Email: [email protected] (360) 902-8683

Peter Herzog, Assistant Director – Parks Development Email: [email protected] (360) 902-8652

Reviewer(s): Randy Kline, SEPA REVIEW: Following review, staff has determined that the action proposed for the Commission by staff is exempt from the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800 (19). Christeen Leeper, Fiscal Impact Statement: Adoption of this requested action has an indeterminate fiscal impact. Any work of the program’s efforts is expected to have a positive fiscal impact in the form of revenue or cost saving. Michael Young, Assistant Attorney General: Reviewed January 12, 2015 Peter Herzog, Assistant Director

Approved for Transmittal to Commission

______Don Hoch, Director

APPENDIX 1 Washington State Parks and Recreation Commission Land Classification System

WAC 352-16-020 Land classification system. State park areas are of statewide natural, cultural, and/or recreational significance and/or outstanding scenic beauty. They provide varied facilities serving low-intensity, medium intensity, and high intensity outdoor recreation activities, areas reserved for preservation, scientific research, education, public assembly, and/or environmental interpretation, and support facilities. They may be classified in whole or part as follows:

(1) Recreational areas are suited and/or developed for high-intensity outdoor recreational use, conference, cultural and/or educational centers, or other uses serving large numbers of people.

(2) Resource recreation areas are suited and/or developed for natural and/or cultural resource- based medium-intensity and low-intensity outdoor recreational use.

(3) Natural areas are designated for preservation, restoration, and interpretation of natural processes and/or features of significant ecological, geological or paleontological value while providing for low-intensity outdoor recreation activities as subordinate uses.

(4) Heritage areas are designated for preservation, restoration, and interpretation of unique or unusual archaeological, historical, scientific, and/or cultural features, and traditional cultural properties, which are of statewide or national significance.

(5) Natural forest areas are designated for preservation, restoration, and interpretation of natural forest processes while providing for low-intensity outdoor recreation activities as subordinate uses, and which contain:

(a) Old-growth forest communities that have developed for one hundred fifty years or longer and have the following structural characteristics: Large old-growth trees, large snags, large logs on land, and large logs in streams; or (b) Mature forest communities that have developed for ninety years or longer; or (c) Unusual forest communities and/or interrelated vegetative communities of significant ecological value.

(6) Natural area preserves are designated for preservation of rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are registered and committed as a natural area preserve through a cooperative agreement with an appropriate natural resource agency pursuant to chapter 79.70 RCW and chapter 332-60 WAC.

WAC 352-16-030 Management within land classifications. (1) The director shall develop management guidelines for each land classification listed in WAC 352-16-020. The guidelines shall provide specific direction for each classification, outlining the philosophy of each classification, its appropriate physical features, location, allowed and prohibited activities, and allowed and prohibited developments. (2) Nothing in this section shall be construed to allow uses that are otherwise prohibited, nor prohibit uses that are otherwise expressly allowed, by the commission, this code, or by statute.

Land Classification Management Guidelines Recreation Areas

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks State Parks State Parks State Parks State Parks Recreation Areas State Parks Recreation Areas shall State Parks Recreation Areas Recreation Areas are Recreation Areas Recreation Areas may allow and provide for a provide appropriate facilities and Recreation are suited and/or to respond to the physiographic generally are made, wide variety of indoor and services for the participation and Areas developed for high- human needs for features such as not found. They shall outdoor day, weekend and enjoyment of high concentrations intensity outdoor readily available areas topography, soil be located vacation activities. Provision of outdoor recreationists and/or recreational use, for outdoor recreation type, drainage, throughout the state may be made for high intensity participants in indoor educational, conference, cultural and facilities to etc., shall be with primary participation in camping, cultural and artistic activities. A and/or educational congregate for adaptable to emphasis to service picnicking, trail use, water high degree of development is centers, or other education, artistic varied types of major centers of sports, winter sports, group anticipated. Facilities may include uses serving large expression and other intensive uses and urban populations field games, and other activities road and parking networks, numbers of people. ennobling pursuits. development. An and/or outstanding for many people Off-trail swimming beaches, full service They are to provide a attractive natural recreational tourist equestrian and/or bicycle use marinas, trails, bathhouses, variety of outdoor setting is attractions. Scenic may be appropriate in selected artificial lakes and pools, play recreational, desirable, and inspirational areas if approved by the fields, large sanitary and eating educational, artistic, however, human- values shall be commission. Activities facilities; standard and utility and cultural made settings are considered but are requiring high levels of social campgrounds, stores, picnic opportunities to large acceptable. There secondary to the site interaction are encouraged. grounds, group shelters, numbers of are no specific adaptability and conference centers, environmental participants. Primary size criteria. population criteria. learning centers, hostels, and emphasis is on the When part of a large administrative support facilities. provision of quality diverse park, recreational services recreation areas and facilities with should be sited in secondary recognition proximity to public given to protection of roads and utilities. the areas natural qualities.

Land Classification Management Guidelines Resource Recreation Areas

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks State Parks Resource State Parks State Parks State Parks Resource Recreation State Parks Resource State Parks Resource Recreation Areas are Resource Resource Recreation Areas provide opportunities for low- Recreation Areas Resource Recreation Areas sites where the high Recreation Areas Areas may be and medium-intensity recreational development shall be Recreation are suited and/or quality of a particular have a variety of located anywhere in experiences including, but not permitted to the extent Areas developed for natural or cultural physiographic the state where limited to, picnicking, primitive necessary to serve allowed natural and/or resource or set of features. While natural or cultural camping, a variety of recreational activities. Parking, sanitary cultural resource- such resources is the they may contain factors produce land trail experiences, interpretive facilities, and other ancillary based medium- and lure for human areas of and water sites facilities, historic/cultural exhibits, developments and support low-intensity recreation. Thus, the environmental particularly suited for nature observation, photography, facilities should be recreational use. rationale for recreation sensitivity, most recreation in a orienteering, kayaking, canoeing, constructed in a manner that is based on the value portions of each natural setting. floating, and fishing. Off-trail is consistent with the site's of attractive natural or area will be able to Access to these sites equestrian and/or bicycle use may ability to manage cultural resources. withstand low- to should be reasonably be appropriate in selected areas if environmental change. Management of these medium-intensity proximate to major approved by the commission. areas must stress the recreation use urban centers, but Basketball, tennis, organized group centrality of preserving without significant some access sporting activities requiring formal the quality of the environmental restriction may be sports fields, commercial-sized piers natural and cultural degradation. necessary to avoid and docks, standard and utility resources while overuse of camping, indoor accommodations allowing appropriate resources. Within and centers, developed swimming and sustainable levels large diverse parks, areas, and other similarly intense of human use and these areas should uses are not appropriate. Scientific enjoyment. be located at least a research is permitted. moderate distance from public roads and high use intensity areas, while still maintaining reasonable public access for their intended use.

Land Classification Management Guidelines Natural Areas

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks Natural State Parks Natural State Parks State Parks Natural State Parks Natural Areas provide State Parks Natural Area State Parks Areas are Areas are to respond Natural Areas Areas are not opportunities for outdoor recreation development shall be limited Natural Areas designated for to the human need for have a variety of "made", but rather on designated trails. Those trails to facilities required for health, preservation, readily available topography and currently exist due to may be developed and used only to safety and protection of users restoration, and "conservatories" of features to provide historical the extent that they do not and features consistent with interpretation of nature and open a diversified circumstances that significantly degrade the system of allowed activities. Facilities to natural processes spaces. Emphasis is natural have resulted in little natural processes in a classified enhance public enjoyment and/or features of directed toward nature environment with or no human area. Hiking, non-groomed cross- shall be limited to primitive significant and the conservation interesting but not interference in the country skiing, snowshoeing, or items such as trails, trail ecological, of native flora and necessarily unique natural environment. other trail uses of similar impact to structures and minor geological or fauna, special flora and fauna, or Those areas most natural systems and providing a interpretive exhibits. All paleontological geologic or geologic or desirable in terms of compatible recreational opportunity, improvements shall value while paleontologic paleontologic physical features and may be permitted, after consultation harmonize with, and not providing for low- resources, and the features. Where size usually are with appropriate local, state, federal detract from, the natural intensity outdoor natural amenities of classification is "found" and "held" and Tribal resource management setting. Parking and other recreation activities the area. Human based on against creeping agencies, and upon a finding by the trailhead facilities should be as subordinate wants for other than biological encroachments and agency that such trails are not likely located outside of a classified uses. naturally existing considerations, raising land values. to significantly degrade natural area. educational and sites should They often become processes. Relocation of existing recreational consist of land over used and "lost" equestrian, bicycle, nordic track or opportunities are areas large as populations other similar trails into a natural area considered secondary enough to spread around them. may be permitted upon a finding by to nature's maintain natural As a part of the the director that such relocation is requirement for the biological overall system, these for the purpose of reducing overall sustained processes in a areas should be resource impacts. All trails may be maintenance of its nearly geographically moved, redesigned, closed and/or natural balances, or undeveloped state spread throughout removed upon a finding that their the preservation of and provide users the state. When use is causing significant special geologic or with a feeling of classifying specific degradation to the system of natural paleontologic features. solitude and park areas, processes. Technical rock climbing tranquility, and an consideration must requires authorization by the opportunity to view be given to the ability commission. Off-trail use for nature nature in its to adequately observation, photography, cross- "uncontrolled" manage the areas country skiing, harvesting of form. They may be against undesirable mushrooms and berries and similar partially or wholly human uses are permitted to the degree on land, encroachment. that they do not significantly degrade subterranean, or natural processes. Scientific part of the marine research is permitted. environment.

Land Classification Management Guidelines Heritage Areas

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks State Parks Heritage State Parks State Parks Heritage State Parks Heritage Area activities State Parks Heritage Area State Parks Heritage Areas are Areas are designated Heritage Areas Areas usually are shall generally be limited to those development shall generally Heritage Areas designated for to preserve and/or vary in size and located where they directly associated with the be limited to that necessary preservation, interpret selected physiographic are found or the interpretation of the area or feature, for the protection and restoration, and areas or features for makeup according feature exists. and the education of the patrons. interpretation of the area or interpretation of the education and to their location However, in some Picnicking, recreational trails, and feature, and the education outstanding, unique enjoyment of the and reason for instances relocation other low- to medium-intensity and safety of the patrons. or unusual public, an area's existence. Historic or re-creation of recreation uses may be allowed if Sanitary facilities, recreation archaeological, intrinsic cultural value, landscapes may artifacts, resources they do not detract from the principal trails, and picnicking facilities historical, scientific, and/or for scientific require relatively or facilities is purpose of the area, its setting, may be provided in a manner and/or cultural research. large acreage possible. In these structures, sites and objects. which does not detract from features, and while situations they may the aesthetic, educational or traditional cultural archaeological be located in environmental quality of the properties, which sites may be appropriate settings area, its setting, structures, are of statewide or measured in and concentrated sites or objects, or, if national square feet. near major applicable, its value for significance. population centers scientific research. and along primary travel routes.

Land Classification Management Guidelines Natural Forest Areas

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks Natural State Parks Natural State Parks State Parks Natural State Parks Natural Forest Areas State Parks Natural Forest State Parks Forest Areas are Forest Areas are Natural Forest Forest Areas may provide opportunities for outdoor Areas development shall be Natural designated for places where human Areas have a be located recreation on designated recreation limited to facilities required Forest preservation, access to and variety of anywhere in the trails. Those trails may be developed for health, safety and Areas restoration, and interpretation and topographic and state where natural and used only to the extent that they do protection of users and interpretation of enjoyment of natural vegetative factors produce not significantly degrade the system of features consistent with natural forest forest processes are conditions. They forest vegetative natural forest processes in a classified allowed activities. Facilities processes while limited to those are generally large cover. These areas area. Careful design of recreation trails to enhance public enjoyment providing for low- activities and facilities enough (300 or are not "made", but should match intended uses, to maintain shall be limited to trails, trail intensity outdoor that do not more acres) to rather currently consistency with the purpose and structures, and minor recreation activities significantly degrade contain one or exist due to philosophy of the classification. Hiking, interpretive exhibits. All as subordinate uses, natural forest more distinct and historical non-groomed cross-country skiing, improvements shall and which contain: processes. Public relatively intact circumstances that snowshoeing, or other trail uses of harmonize with, and not (a) Old-growth forest access into these vegetative have resulted in similar impact to natural systems and detract from, the natural communities that areas emphasizes communities. little or no human providing a compatible recreational setting. Parking and other have developed for appreciation of nature Smaller areas may interference in opportunity, may be permitted, after trailhead facilities should be 150 years or longer through experiencing be appropriate if natural forest consultation with appropriate local, located outside of a and have the nature. The principal representative of a progression. As a state, federal and Tribal resource classified area. following structural function of these areas unique or unusual part of an overall management agencies, and upon a characteristics: Large is to assist in forest community. system, these areas finding by the agency that such trails are old-growth trees, maintaining the state's Desirably, they are should be not likely to significantly degrade natural large snags, large bio-diversity while part of a large geographically forest processes. Relocation of existing logs on land, and expanding human system of open spread throughout equestrian, bicycle, nordic track or other large logs in streams; understanding and space, wildlife the state, similar trails into a natural forest area or (b) Mature forest appreciation of natural habitat, and recognizing that may be permitted upon a finding by the communities that values. vegetative maintenance of bio- director that such relocation is for the have developed for communities that diversity is one of purpose of reducing overall resource 90 years or longer; or provide a good the primary impacts. All trails may be moved,  Unusual forest opportunity for functions of their redesigned, closed and/or removed communities and/or long-term classification. When upon a finding that they are causing interrelated ecosystem classifying specific significant degradation to the system of vegetative sustainability. park areas, natural forest processes. Technical rock communities of consideration must climbing requires authorization by the significant ecological be given to the commission. Off-trail use for nature value. ability to adequately observation, cross-country skiing, manage the areas photography, harvesting of mushrooms against undesirable and berries and similar uses are human permitted to the degree that they do not encroachment. significantly degrade natural forest processes. Scientific research is permitted.

Land Classification Management Guidelines Natural Area Preserves

TITLE DEFINITION PHILOSOPHY PHYSICAL LOCATION ACTIVITIES DEVELOPMENTS FEATURES

Washington State Parks Natural State Parks Natural State Parks Natural State Parks Natural Area State Parks Natural Area State Parks Natural Area State Parks Area Preserves are Area Preserves are Area Preserves have Preserves may be located Preserves provide Preserves development shall Natural Area designated for sites where human a variety of anywhere in the state where opportunities for be limited to access facilities Preserves preservation of rare access is limited to topographic and natural ecological systems or scientific research and for permitted activities and or vanishing flora, educational and vegetative conditions. significant geologic features education about natural structures to inhibit general fauna, geological, scientific purposes. They are generally exist. These areas are not systems, geologic public access. No other natural historical or The principal function large enough (300 or "made", but rather exist due features, sensitive, rare, facilities or structures are similar features of of these areas is to more acres) to contain to historical circumstances threatened or permitted. scientific or preserve natural one or more distinct that have resulted in little or endangered species or educational value ecosystems or and intact ecological no human interference in the communities. and which are geologic features of communities. Smaller natural system. As a part of Recreational use of registered and statewide significance. areas may be an overall system, these existing or relocated committed as a Public access for appropriate if areas should be trails may be permitted, natural area recreation must be representative of a geographically spread provided that it can be preserve through a subordinate to the unique or unusual throughout the state. clearly demonstrated that cooperative principal function of ecological community such use does not agreement with an the classification. or geologic feature. degrade the system of appropriate natural They may be partially natural processes resource agency or wholly on land, occurring in the pursuant to chapter subterranean, or part preserve. Otherwise, 79.70 RCW and of the marine trails are limited to chapter 332-60 environment. administrative, scientific WAC. Desirably, they are and organized part of a large system educational activities and of open space, wildlife uses. No other activities habitat, and vegetative are permitted. communities that provide a good opportunity for long- term ecosystem sustainability.

Land Use and Land Classification Compatibility Matrix – Facilities

Recreation Resource Recreation Heritage Natural/Natural Forest Area Natural Area Preserve*

Amphitheater P C C N N

Archery/Target Range C C N N N

Camping - Std and Util P N N N N

Camping - Primitive P P C N N

Camping - Adirondack P C N N N

Camping - Horse-oriented C C N N N

Camping - Water Trail P P C N N

Children's Play Area P C C N N

Day Use Picnic - Tables P P C N N

Day Use Picnic - Group Shelter P N C N N

Day Use Lodges/Centers P N C N N

Environmental Learning Centers C N C N N

Equestrian Facilities C C C N N

Fields - Informal Play/Mowed P C C N N

Indoor Accommodations P N C N N

Interpretive - Centers P N P N N

Interpretive - Kiosks P P P C N

Interpretive Trail P P P P C

Interpretive - Signs P P P P C

Parking - Vehicles P P C N N

Roads P P C N N

Land Use and Land Classification Compatibility Matrix – Facilities (Continued)

Recreation Resource Recreation Heritage Natural/Natural Forest Area Natural Area Preserve*

Sanitary: Comfort Stations P N C N N

Sanitary: Composting/Vault P P C C N

Sports Fields C N N N N

Skiing - Alpine Facilities C C N N N

Swimming Facilities P N C N N

Trails - Hiking P P P P C

Trails - Mountain Biking P C C N** N

Trails - Equestrian C C C N** N

Trails - Nordic Track Skiing P P C N** N

Trails - C-C skiing P P P P C

Trails - Snowmobile P C C N** N

Trails - Paved non-motor P C C C N

Water: Docks/Piers > 10 boats P N C N N

Water: Docks/Piers - < 10 boats P P C C N

Water: Launch Ramps P C N N N

Water: Hand Launch Areas P P C C N

Water: Mooring Buoys P P C C N

P (Permitted) - Use permitted with normal agency design review C (Conditional) - Use may be permitted, but conditioned to assure design is compatible w/purpose of land classification and abutting classification objectives. N (Not Permitted)- Use not permitted. NA - Not Applicable * All uses in a Natural Area Preserve must be specifically approved by the Park and Recreation Commission as part of a management plan. **Relocation of existing trails into a natural or natural forest area is permitted per WAC 352-32-070(3) and WAC 352-32-075(2)(b).

Land Use and Land Classification Compatibility Matrix – Activities

Recreation Resource Recreation Heritage Natural/Natural Forest Area Natural Area Preserve*

Farming/Orchards C C C N N

Filming/Special Events P P P C N

Grazing C C C N N

Harvesting - Edible Fruiting Bodies P P P P N

Harvesting - Mushrooms P P P P N

Harvesting - Shellfish P P P P N

Harvesting - Fish P P P P N

Harvesting - Algae, etc. P P P P N

Haying P P P N N

Metal Detecting P P C N N

Orienteering P P C N N

Ocean Beach Driving P C N N N

Off-Trail: Equestrian C C C N N

Off-Trail: Hiking P P P P N

Off-trail biking C C C N N

Paragliding P P C N N

Technical Rock Climbing P P C C N

Land Use and Land Classification Compatibility Matrix – Activities (Continued)

Recreation Resource Recreation Heritage Natural/Natural Forest Area Natural Area Preserve*

Water: Jet Skiing P C N N N

Water: Kayak/Canoeing P P P C N

Water: Power Boating P C N C N

Water: White Water Boating P P C C N

Water: Sailing P P P C N

Water: Skiing P C N N N

Water: Swimming P P P P N

Water: Wind Surfing P C C N N

Winter: Alpine Skiing C C N N N

Winter: C-C Skiing (off-trail) P P P P C

Winter: Mushing/Sled Dogs C C C N N

Winter: Snowshoeing P P P P C

Winter: Snowmobiling (off-trail) P P C N N

Wood Debris Collection P P P N N

P (Permitted) - Use permitted with normal agency design review C (Conditional) - Use may be permitted with Commission concurrence, but conditioned to assure compatibility w/purpose of land classification and abutting classifications. N (Not Permitted)- Use not permitted. NA - Not Applicable * All uses in a Natural Area Preserve must be specifically approved by the Park and Recreation Commission as part of a management plan. **Relocation of existing trails into a natural or natural forest area is permitted per WAC 352-32-070(3) and WAC 352-32-075(2)(b).

APPENDIX 2 Proposed Changes to Land Use and Land Classification Compatibility Matrix – Activities (Shown in Red)

Recreation Resource Recreation Heritage Natural/Natural Forest Natural Area Preserve* Area

Farming/Orchards C C C N N

Filming/Special Events P P P C N

Grazing C C C N N

Harvesting - Edible Fruiting Bodies P P P P N

Harvesting - Mushrooms P P P P N

Harvesting - Shellfish P P P P N

Harvesting - Fish P P P P N

Harvesting - Algae, etc. P P P P N

Haying P P P N N

Metal Detecting P P C N N

Orienteering P P C N N

Ocean Beach Driving P C N N N

Off-Trail: Equestrian C C C N N

Off-Trail: Hiking P P P P N

Off-trail biking C C C N N

Paragliding P P C N N Recreation Business Activities C C C N N

Technical Rock Climbing P P C C N

Land Use and Land Classification Compatibility Matrix – Activities (Continued)

Recreation Resource Recreation Heritage Natural/Natural Forest Area Natural Area Preserve*

Water: Jet Skiing P C N N N

Water: Kayak/Canoeing P P P C N

Water: Power Boating P C N C N

Water: White Water Boating P P C C N

Water: Sailing P P P C N

Water: Skiing P C N N N

Water: Swimming P P P P N

Water: Wind Surfing P C C N N

Winter: Alpine Skiing C C N N N

Winter: C-C Skiing (off-trail) P P P P C

Winter: Mushing/Sled Dogs C C C N N

Winter: Snowshoeing P P P P C

Winter: Snowmobiling (off-trail) P P C N N

Wood Debris Collection P P P N N

Item E-3: 2015 Director’s Performance Agreement - Requested Action

EXECUTIVE SUMMARY: This item asks the Washington State Parks and Recreation Commission to adopt the 2015 Director’s Performance Agreement. This item aligns with agency core values and advances the Commission Transformation Strategy “Adopt a business approach to park system administration.”

SIGNIFICANT BACKGROUND INFORMATION: The Commission has historically created Director’s Performance Agreements on an annual basis. These agreements have contained a combination of goals and tasks that relate specifically to actions the Director performed as well as agency actions that the Director was to accomplish through staff and other agency resources. Appendix A contains the 2015 Director’s Performance Agreement.

The proposed Agreement (Appendix A) demonstrates the Commission’s intent for the agency Director to focus his activities on implementation of the Transformation Strategy. It also includes how the Commission and Director’s management relations are defined and some on-going internal and external tasks which have been carried forward from 2014.

The 2015 Agreement’s effective date is from February 1, 2015 to December 31, 2015. This timeframe will allow the Commission and staff sufficient time to evaluate performance and prepare for the 2016 Director’s Agreement at the Commission’s annual workshop in December.

STAFF RECOMMENDATION: Staff recommends that the Commission approve the 2015 Director’s Performance Agreement.

SUPPORTING INFORMATION: Appendix A: 2015 Director’s Performance Agreement

REQUESTED ACTION FROM COMMISSION: That the Washington State Parks and Recreation Commission: 1. Adopt the 2015 Director’s Performance Agreement as presented in Appendix A.

Author(s)/Contact: Daniel Farber, Policy and Governmental Affairs Director [email protected] (360) 902-8504 Reviewer(s): Randy Kline, SEPA REVIEW: Following review, staff has determined that the action proposed for the Commission by staff is exempt from the State Environmental Policy Act (SEPA) pursuant to WAC 197- 11-800(14)(g). Shelly L. Hagen, Fiscal Impact Statement: This performance agreement is a plan; therefore there is no fiscal impact that results from the plan itself. New costs, cost savings, or changes in revenue may be associated with the implementation of an individual activity; and if appropriate, be determined at that time. Otherwise, these cost and revenue changes will be a part of normal operations. Michael Young, Assistant Attorney General: 12/31/14

Approved for Transmittal to Commission ______Don Hoch, Director 47

Washington State Parks and Recreation Commission and Donald A. Hoch, Director

2015 Performance Agreement February 1, 2015 to December 31, 2015

In order to ensure accountability and alignment in the administration of the Washington State Parks and Recreation Commission, the Commission and the Director enter into this agreement to establish performance expectations. This agreement provides focus to the Director’s personal efforts within the full range of his responsibility for leadership and management of the Agency.

In addition, this agreement is an element of the agency’s management framework and a tool to help managers understand the Director’s expectations for excellent performance. The Director’s Agreement emphasizes portions of the State Parks Strategic Plan activities that may require realigning resources and improving systems to achieve positive results.

The Washington State Parks Commission and Director, Don Hoch, agree to work together and respect their unique roles and responsibilities. The Executive Performance Elements will be the primary tool used to evaluate the Director’s key competencies.

The Priority Actions represent the key indicators of the Director’s performance that reflect the Commission’s general expectations. Some priorities listed below are selected from the 2014-19 Strategic Plan. These actions are identified as the Commission’s highest level performance outcomes and will be reflected, as appropriate, down through the agency’s accountability system (e.g., program operational plans and individual staff evaluations).

The Commission and the Director affirm that this agreement does not create an employment contract nor does it alter in any way the Director’s status as an exempt employee pursuant to RCW 41.06.070(1)(f). Priority Actions 1. Transformation – focus agency resources to continue to meet existing goals or reset goals as necessary and appropriate: • Ensure the agency’s financial information is maintained within relevant regulations, policies and guidelines. • Provide regular feedback to the Commission and entire staff on the progress of new Transformation Strategy initiatives and other developments. • Periodically report to the Commission the financial condition of the agency and ensure the agency operates within established appropriations and available revenue. • Propose items for a 2016 operating or capital budget supplemental to the Commission if determined to be necessary. • Continue exploring ways to improve Commission and executive staff communication regarding transformation ideas, concepts and on other agency work.

• Continue to explore and develop information technology solutions to create operational efficiencies, support operations and provide needed information for business decisions. • Develop and execute necessary measures to address internal control deficiencies identified in the 2014 Accountability Audit conducted by the State Auditor. • Continue to assess agency priorities and align staff and resources accordingly. • Make substantive and sufficient progress on the agency’s natural and cultural heritage initiatives and provide a progress report to the Commission. • Continue supporting sustainability initiatives that will better protect park resources and the planet for public health and well-being. • Continue regular and open communication with agency staff and labor representatives that enhances labor/management relations. • Implement priority elements of the interpretation transformation initiative.

2. External Communication – Form and expand enduring and productive partnerships with the business community, not-for-profit organizations, federal, state and local governments:

• Political entities – Attend municipal, county, special district, legislature and stakeholder meetings to understand their issues and concerns relating to State Parks. • Work with Washington counties, cities and local public entities on intergovernmental outreach about state parks, including efforts with local tourism and economic development entities important for marketing state parks experiences. • Meet with key members of both legislative houses (policy and budget committee leaders, members and caucus staff) to highlight and ensure State Parks issues and Commission positions are understood. • Provide opportunities for the Commission to participate in activities that help educate and promote the park system. • Provide performance measurement data for Results Washington about increasing participation in outdoor recreation experiences through increasing Discover Pass and Daily Permit purchases. • Continue working closely with the State Parks Foundation to ensure that the agency mission and State Parks initiatives are supported. • Enhance engagement with the State Parks Foundation including development of a new memorandum of understanding. • Continue providing the Camp Host and Friends Group Conference. • Work with the Commission, stakeholders, Governor’s office and Legislature to advance statutory, rule and policy changes that provide greater flexibility and authority for State Parks to manage its business, advance its mission, and act creatively and entrepreneurially. • Facilitate implementation of the Lake Sammamish Urban Wildlife Partnership Interpretive Plan. • Encourage program and park management staff to reach out to the communities around the parks that they serve, developing networks of communication and seeking opportunities for creative partnerships.

3. Internal Communication – Drive a dynamic interactive, high-content, 360-degree internal agency communication system: • Meet weekly with direct reports to discuss specific issues and concerns and to provide leadership solutions to resolve. • Attend park special events and other staff activities or parks related events that involve field staff as schedules allow. • Publish Connections internal newsletters, including articles about major agency progress and initiatives and submissions from all levels of staff. • Continue communication and build relationships with union representatives; attend UMCC meetings; keep union abreast of issues and work closely with Human Resources on union issues. • Continue to promote and pursue efficient operations using various techniques including Lean principles. • Provide professional development and/or board procedures work and training sessions with the Commission and develop an annual Commission work plan. • Develop opportunities for public exposure for the Commission by providing opportunities for public appearances and to speak to influencers. • Work with the Army Corps of Engineers to reopen Lyons Ferry State Park as a day-use facility. • Develop a more formal statewide facility maintenance program aligning the Maintenance Chief and Regional Maintenance Managers to improve collaboration between Parks Development to ensure there are consistent standards, prioritization of planned and routine maintenance. • Develop second phase Maintenance Management Plan standard of operations procedure, setting maintenance priorities and staffing deployment. • Evaluate areas within the Operations Division and develop standard operating procedures as needed. • Develop a strategy that creates agency priorities for the Risk Management Program in 15/17 biennium. • Formalize procedures for coordinating capital project implementation between Capital Program and Operations Division staff. • Update an agency maintenance procedure (historically 0-34 procedure) that describes how to identify potential development projects from conception to construction and communicate between divisions. • Revise key Operations position descriptions to reflect responsibilities under current management staffing and Park Area Management. • Meet with Area Managers to receive operations feedback and to keep them informed of the agency’s direction and budget impacts. • Continue to develop and conduct updated stewardship training program. • Develop and bring a revised real estate management policy to the Commission for its consideration. • Develop and bring a revenue lands and recreational business activity site selection criteria and pilot sites to the Commission for its consideration.

• Prepare and present a parkland acquisition account budget proviso report to the Commission. • Establish mechanism to monitor and ensure compliance with deed restrictions on properties transferred to other government jurisdictions. • Complete re-launch of Discover Pass product design with new print and fulfillment vendors and coordinate implementation by three agencies. • Advance Discover Pass and other State Parks revenue through creative marketing and product enhancement. Prepare 2016 legislative proposals for program improvements if desirable. • Establish mechanisms for prompt renewal and monitoring compliance with concession agreements. • Complete implementation of the web-based advertising initiative. • Complete the Fudge Point CAMP project. • Develop and implement an Ethnic Heritage Initiative, containing substantive efforts to advance a goal of an agency work force and visitor base that more closely reflects the ethnic diversity of the state. • Develop and bring policy for the use of agricultural and other non-recreational motorized vehicles in linear parks (rail-trails) to the Commission for its consideration. • Develop new grant support and continue to carry out the folk and traditional arts in parks program.

The Commission and the Director agree to review and update the list of priority actions as the need arises in response to budget reductions or significant changes in management direction.

Commission and Director Relations

1. Roles and Responsibilities:

It is recognized that together the Commission as a governing body, Director and staff comprise the Washington State Parks and Recreation Commission (WSPRC) as an agency. The Commission as a body is responsible for the policy governance of the agency within the parameters established by the State Legislature.

The Director is supervised by the Commission and is responsible for hiring agency staff and managing the agency in a manner that is consistent with statutory requirements established by the State Legislature, state and federal law, and within the policies adopted by WSPRC.

The Commission will act as a body, speaking with a unified voice and acknowledges that the strength of the body is derived from the diversity of viewpoints brought together through its decision-making process. The Chair of the Commission presides over Commission meetings, serves a titular role as representing the agency to outside entities, and has a leading role in the organization of Commission and assignment to Commission committees.

Commission committees will be used primarily to gather, discuss and analyze information relative to policy issues or rules that are anticipated to come before the full Commission. Committees are intended to function as a forum that allows for more informal discussions between commissioners

and/or with staff. Committees do not have the authority to make decisions on behalf of the Commission.

The Commission and the Director agree to be mutually supportive, maintain a positive working relationship and conduct their relationship based on mutual respect while acting in a manner that is consistent with the following principles:

• The Commission and Director will work together as a team in fulfilling the agency’s responsibilities and providing recreational, cultural and natural resources related activities for the public. • The Commission and the Director commit to maintaining a strong working relationship founded in open and candid communication. • The Commission will focus its attention on policy matters and setting clear performance outcomes for the Director, leaving the Director sufficient flexibility to be agile and utilize his creativity in adapting to changing circumstances.

2. Communication Actions and Strategies:

• The Director will provide reports each regular Commission meeting that includes updates on current events and emerging issues and budget and administrative matters. • The Director will provide the Commission with periodic progress reports on issues or concerns. • The Director and the Chair of the Commission will communicate regularly to ensure that the Commission and the Director’s actions and activities are supportive of each other and aligned with Commission policy direction and the success of the Agency.

3. Performance Evaluation Process:

• The Commission will conduct their evaluation of the Director’s performance of his responsibilities throughout the 2015 year and conclude during executive session at the January 2016 Commission meeting. • The Director’s evaluation will be based on the Executive Performance Elements contained in the Director’s 2015 Performance Agreement. • The Director’s evaluation will also encompass a Director’s Performance Survey to be taken by Executive Team members and submitted to the Commission.

Executive Performance

Overall Conduct: The Director must assure that no organizational practices, activities, decisions or circumstances are allowed that are unlawful, imprudent or in violation of commonly accepted business and professional ethics and practices.

Ability to work collaboratively with the Commission: The Director will maintain a collaborative working relationship with the Commission. The Director is expected to provide sufficient support to the Commission so the Commission can successfully fulfill its role in providing policy leadership for the Agency.

Performance and Accountability: The Director will keep the workforce motivated to pursue excellence. The Director is expected to set high standards for performance and foster a climate in which all employees strive to meet those standards. He is also expected to see that supervisors provide regular positive reinforcement to recognize excellence. He must demonstrate expertise in management techniques that effectively hold employees accountable.

Problem solving skills to resolve longstanding problems: The Director should make progress in resolving longstanding problems. The Director is expected to be energetic and creative in looking for innovative means to address priority issues and conflicts among constituent groups. He must actively seek out new ideas and methods that may be brought to bear to advance the Agency’s mission.

Strategic and Visionary Leadership: The Director should demonstrate strategic and visionary leadership. The Director is expected to assess and decide the best way to achieve substantial cost savings, while preserving critical functions and increasing agency efficiency. He must lay the foundation for a stronger and more effective and respected agency by directing the strategic elimination of lower priority activities and the consolidation of effort and energy in higher priority programs.

Work ethics: The Director must act as a role model for staff. The Director is expected to be personally accountable for the accomplishments and shortcomings of the agency. The Director is expected to assume direct responsibility for all aspects of agency leadership.

Signed and approved this ____day of ______, 2015

______Patricia Lantz, Chair, Washington State Parks and Recreation Commission

______Don Hoch, Director, Washington State Parks and Recreation Commission

Item E-4: Boating Programs Update – Report

EXECUTIVE SUMMARY: This item reports to the Washington State Parks and Recreation Commission an overview of the Agency managed Boating Programs and an update of accomplishments for 2014. The Boating Program is comprised of two federally funded programs that serve all Washington boaters both within and outside of State Parks. The two programs are the Recreational Boating Safety Program (RBS) and the Clean Vessel Act Program (CVA). This item aligns with Agency core values and advances the Commission Transformation Strategy, "Provide recreation, cultural, and interpretive opportunities people will want”. SIGNIFICANT BACKGROUND INFORMATION RECREATIONAL BOATING SAFETY: All states and territories have recreational boating safety programs under authority delegated by the U.S. Coast Guard in a memorandum of agreement. Federal law supports and encourages state participation through financial support (46 US Code 13102). In 1983, the Washington State legislature authorized and directed the Commission to undertake a program of recreational boating safety with the passage of legislation now codified as RCW 79A.06.310. In 1984, Washington’s program was authorized by the state legislature, making Washington the 49th state to initiate a boating safety program. The Commission adopted rules as stipulated in the legislation to initiate the legal requirements for Washington State’s boating safety program. Once the legal requirements were set in place, the U.S. Coast Guard (USCG) signed a memorandum of understanding (MOU) with State Parks, recognizing the Commission’s role as the designated agency, eligible to receive and expend federal funds for recreational boating safety. The Washington State Boating Safety Advisory Council composed of boaters and stakeholders helps set program priorities and provides recommendations to the program on recreational boating issues. Current members and their affiliations:

• Robert Miller, US Power Squadrons • Dan Shipman, 13th Coast Guard District • Vacant, Pacific International Yachting Assoc. • Raymond Williams, NW Boating Council • Kathy J. Williams, Department of Health, • Bonita M. Harding, United States Coast Guard Representing Education Auxiliary • Clallam County Sheriff Bill Benedict, • Bonney Lake Police Chief Dana Powers, Assoc. Washington Assoc. of Counties of Washington Cities • Morgan Scherer, Wash. Water Trails Assoc. • Frances Troje, White Water Boaters • John Dawson, Recreational Boating Assoc. of • Paul Wenzel, Private Citizen, Representing Washington Anglers and Hunters • Nigel Malden, Personal Watercraft Owners • Peter Schrappen, NW Marine Trade Assoc. • Mary E. Roberts, Unaffiliated Boaters

Following is a summary of notable Commission actions and legislative milestones with regards to the RBS program:

• 1989: The legislature authorized the Commission to approve local government boating safety programs in order for the state to allocate a portion of the annual vessel registration funds to support local boating safety efforts (RCW 88.02.650) • 1995: The Commission voted to recommend agency request legislation requiring the mandatory use of lifejackets by children 12 years of age and younger on vessels 26 feet in length or less. • 2005: Mandatory boater education was passed into law. • 2008: The phase-in of mandatory boater education began. As of December 31, 2013, over 170,000 boater education cards have been issued. The phase-in will end in 2014 and apply to all boaters born after December 31, 1954 (unless specifically exempt in the statutes). • 2013: Boating under the influence legislation passed making operating a vessel under the influence a gross misdemeanor, creating implied consent for breathalyzer tests (with a $2,000 fine for refusal), authority to cite for violations of boating safety rules if probable cause found during investigation, and clarified boat rental requirements.

PROGRAM GOAL: To promote recreational boating while growing a culture of safe boating.

FUNDING / AUTHORITY:

Funding for the RBS program is administered from the US Coast Guard from the Sport Fish Restoration and Boating Trust Fund. The USCG allocates funds among the states using the following formula: • 1/3 of the funds are distributed equally • 1/3 of the funds are distributed by each states percent of total registered vessels • 1/3 of the funds are distribute by each state’s percent of total state spending on boating The grant is not competitive. Washington State Parks will continue to receive funding as long as it meets the grant requirements. The agency does compete for how much funding it receives. Essentially, the more registered vessels and the more state spending we are able to show, the more funds the program receives. The trust fund typically has approximately $105 million per year. State Parks has received between 1.7 and 2.3 million per year for the past four years.

Authority for the program comes flows from 1983 statute RCW 79A.05.310 Powers and Duties – Program of boating safety education – casualty and accident reporting program. That statute directs State Parks to: (1) Coordinate a statewide program of boating safety education…;(2) Adopt rules…as needed for the efficient administration and enforcement of this section;(3) Enter into agreements aiding the administration of this chapter;(4) Adopt and administer a casualty and accident reporting program…;(5) Adopt and enforce recreational boating safety rules…;(6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the commission for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW; and (7) Take additional actions necessary

to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971.

KEY ACTIVITIES:

Marine Law Enforcement: In Washington, marine law enforcement is largely decentralized. County Sheriff’s Offices and a few municipal police departments along with the Washington Department of Fish and Wildlife receive funding to enforce Washington’s boating laws. The Recreational Boating Safety Program (RBS) supports marine law enforcement in a number of ways:

1. The RBS program administers the state’s vessel registration funds for disbursement to “approved programs” as defined in WAC 352-65. These regulations describe 10 criteria that local law enforcement agencies must meet to receive these vessel registration fees. The criteria include boating accident investigation and reporting, boater assistance, training, on-water enforcement and boater education. 2. The program provides a variety of specialized training courses including a 40-hour basic marine law enforcement class, detection and investigation of boating under the influence, and operation of personal watercraft for law enforcement. 3. The program passes through federal assistance funds that augment state and local resources to allow additional patrols during the boating season. 4. The program has signed an MOU with the Department of Fish and Wildlife to provide additional funding to support their boating safety patrols. 5. The program hosts an annual marine law enforcement conference to support continuing education and training, information sharing and technology transfer.

Boating Education and Outreach:

1. Boater safety education is required by law in Washington State. In 2014, the phase in of the mandatory boating education requirement was complete. To date approximately 220,000 boating education cards have been issued. All boaters born after December 31, 1954 are required to take a boating safety course and obtain the boater card, when operating a motorboat of 15 horsepower or greater in Washington waters. 2. Washington’s basic education course curriculum is compliant with the national standard developed by the National Association of State Boating Law Administrators (NASBLA). The courses are delivered online by Commission-approved course providers, in classrooms by law enforcement agencies, the U.S. Power Squadron, the USCG Auxiliary, and through a self-study program administered by State Parks staff. All online and classroom courses offered by outside organizations and vendors are required to meet NASBLA and Commission standards. 3. The program markets and promotes the boater safety education law to increase the level of boat operator competency, change boat operator’s behavior, encourage boaters to get the boater card, and encourage safe boating practices like wearing a life jacket and never boating under the influence.

4. The program has a successful life jacket loaner program that supports life jacket loaner sites near recreational boating activities. Currently, 13 State Parks participate in this program. Accident Reporting:

In Washington, boating accidents that result in any injury that requires medical attention beyond first aid, damage of more than $2,000, or death or presume death must be reported to the State Parks Boating Program. Program staff utilize the accident statistics with other data to guide injury prevention strategies and priorities.

SIGNIFICANT BACKGROUND INFORMATION - CLEAN VESSEL PROGRAM: The Clean Vessel Act of 1992, 33U.S.C.1322, 106 Stat 5039, Subtitle V(F) of P.L. 102-587, signed November 4, 1992, established a recreational boater sewage disposal program and amends the Federal Aid in Sport Fish Restoration Act (Wallop-Breaux Act; 16 U.S.C. 777) to allow the Secretary of Interior to issue grants to coastal and inland States for pumpout stations and waste reception facilities to dispose of recreational boater sewage.

The Act directs the Secretary of the Interior:

• To provide grants to States to pay for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities; • Requires each coastal State to conduct a survey to determine the number and location of all operational pumpout facilities and the number of recreational vessels in the area with certain marine sanitation devices (Type III) or portable toilets. • Requires coastal States to develop and submit a plan for the construction and/or renovation of pumpout stations and waste reception facilities within the coastal zone of the State. • Requires the Under Secretary of Commerce for Oceans and Atmosphere to publish charts indicating the locations of pumpout and waste reception facilities. • Allows the Secretary of the Interior to issue grants to inland States which demonstrate a need for pumpout stations and waste reception devices.

The act allows only one state agency to apply for Clean Vessel grant funds and in 1994 Governor Mike Lowry designated Washington State Parks as the administering agency for the state.

Clean Vessel Act grant funds are available to both the public and private sector. This includes all local and Tribal governmental entities and private businesses that own and operate boating facilities that are open to the general public during their normal business hours.

Grants fund 75% of the purchase and installation of waste disposal facilities on a reimbursement basis. The grant also funds 75% of the annual operation and maintenance costs, reimbursed one time annually at the close of the federal fiscal year.

PROGRAM GOAL:

The goal of the Clean Vessel Act is to ensure availability of boat sewage disposal facilities (BSDF) strategically located throughout the state to accommodate the need of recreational boaters during peak use times. Placement of BSDF are intended to be such that there is no more than 30 minutes travel time from one facility to the next in areas of high boater activity.

Support for locations that have BSDF to ensure functional facilities for boaters is an element of this goal as is educational outreach to inform boaters of the location of BSDF and the environmental risks of dumping waste into the waters of the state.

KEY ACTIVITIES:

The Clean Vessel Program Manager applies for grants on behalf of the agency, from the U.S. Fish and Wildlife Service each December for the following year’s award. Each grant is active for a four year period. Ensuring expenditure of grant funds to accomplish the goals of the program requires active promotion of the program which is accomplished through several avenues.

SUPPORTING INFORMATION: Appendix 1: RBS Program 2014 Accomplishment Summary Appendix 2: CVA Program 2014 Accomplishment Summary

______Author/Contact(s): Wade Alonzo, Boating Program Manager [email protected] (360) 902-8836 Diana Dupuis, Operations Manager [email protected] (360) 902-8847 Reviewers: Randy Kline, SEPA Review: Pursuant to WAC 197-11-704, staff has determined that this Commission agenda item is a report and therefore is not subject to State Environmental Policy Act (SEPA) review. 1/12/2015 Shelly Hagen, Fiscal Impact Statement: Report only, no impact. 1/10/2015 Michael Young, Assistant Attorney General: 1/12/2015 Mike Sternback Assistant Director, Operations

Approved for transmittal to Commission by:

______Don Hoch, Director

Appendix 1: RBS Program 2014 Accomplishment Summary

Administration • Strategic planning: RBS staff began working with the Boating Program Advisory Council in November 2013 on a three-year strategic plan. The draft plan was completed in August and presented to the council on September 20, 2014. The council recommended adoption of the plan. The new plan is intended to guide the program until September 30, 2017. • Washington State Parks, working closely with the Washington State Department of Health and Children’s Hospital, has begun work on evaluating the efficacy of our BUI law. Our partners at the Department of Health received a grant to develop a formal policy evaluation plan of our BUI law. The team (two from DOH and one from CH) attended training in Atlanta in the summer. They completed the plan and we are now working with them to implement it. We have conducted a survey of prosecuting attorneys, and marine law enforcement officers. Future actions will include evaluating data from the Administrator of the Courts. • Presenter at the 2014 annual conference; The Boating Law Administrator presented a session at the national conference of the National Association of State Boating Law Administrators. The session, co-presented by Ted Buehner, Warning Weather Meteorologist from the Sandpoint National Weather Service Office, focused on using the National Weather Service as a strategic partner in successful media outreach campaigns. We used the spring Seattle media tours that have focused on cold water shock as examples. • Legislation: In 2014, SB 6014 amended RCW 79A.60.040 (the section that deals with boating under the influence). The amendments removed provisions of the law that apply implied consent to blood draws without a search warrant. The changes make the law consistent with the Supreme Court ruling on Missouri vs. McNeely. Also, in the 2014 session, BUI was added to the list of what would constitute a prior offense for a DUI conviction. See: RCW 46.61.5055 Alcohol and drug violators — Penalty schedule. Subsection 14.a.iv.

Accident Reporting Program

Accident reporting timeliness • Timeliness: The goal for 2014 was 80% of accidents reports would have complete entry in the BARD system within 30 days - we achieved 94%. In 2013, 77% of accidents were entered within 30 days. • Completeness: A continuing goal for 2014 was to increase the completeness of boating accident investigation reports (BAIRs) by ensuring that they provide definitive information for four areas of data fields. Following are the specific goals for each variable in 2014 and actual results. o PFD related information fields goal 78% - Accomplishment – 81% o Mandatory Education Card Carried Goal 50% - Accomplishment – 60% (estimated) o Alcohol and Drug Use Goal 50% - Accomplishment – 68%

o Vessel Statistics Goal 75% - Accomplishment – 91% • Accidents and Fatalities: In 2014 there were 127 reportable accidents submitted to the USCG and 20 confirmed fatalities not including two accidents where the victims have not been recovered. In 2013 there were 93 reportable accidents submitted to the USCG and 17 fatalities. In 2012, there were 114 reportable accidents and 30 fatalities.

Marine Law Enforcement

Training Summary Course Length Number No. Officers Trained Basic Marine Law Enforcement 40 Hours 2 49 Academy Boating Under the Influence Detection and Enforcement - 8 1 32 Transition Course Marine Law Enforcement 12 1 117 Conference Accident Reporting Refresher 8 1 12

Other: • Forty-three agencies participated in the 2014 Operation Dry Water campaign focused on raising the awareness of boating under the influence. This occurs the last weekend in June to raise awareness ahead of the July 4 weekend. • Marine law enforcement agencies offered 73 Adventures in Boating Classes attended by 1,317 students that successfully completed the course. • The RBS program convened a small marine law enforcement committee that made progress on three issues: 1) a new grant allocation formula 2) the strategic plan for increasing and improving the level of training provided to marine law enforcement officers and 3) potential amendments to the state regulations that define the criteria for approved marine law enforcement programs, WAC 352-65. • Thirty-eight marine law enforcement agencies were awarded $700,000 dollars in federal assistance grants. • The RBS program administered approximately $1.5 million dollars of vessel registration fees to 50 approved marine law enforcement programs. • 52 agencies conducted a total of 23,619 hours of patrol and conducted 18,420 inspections and issued 2,383 citations and 9,963 warnings. • Marine law enforcement agencies conducted 874 search and rescues assisting 1,273 people and 670 vessels.

Public Education and Outreach

Wear rate study of personal floatation devices was completed The RBS program funded a statewide observational study of actual wear rates of boaters in a 32 different and diverse waterbodies in the summer of 2014. This study compared wear rates of locations that had life jacket loaner boards and those that did not. Preliminary results show a 5% difference between the two – with loaner locations having a higher rate. Overall, it appears that life jacket wear rates among adults on motor boats is close to the national average of 10%. Final analysis is scheduled to be completed near the end of January 2015.

Other • The program exceeded all previous records selling over 49,000 boater education cards in 2014. • The RBS program convened an ad hoc committee of experts in human powered boating (kayaking, canoeing, stand-up paddle boarding) to develop recommendations to the RBS program on specific actions that it can take to prevent non-motorized boating accidents and fatalities. The ad hoc committee completed its work in 2014 and presented their recommendations to the Boating Program Advisory Council. Their recommendations were included in the 2015-2017 strategic plan. • Spring Media Tour: On April 30, representatives from State Parks, the National Weather Service, USCG District 13, King County Sheriff’s office and Children’s Hospital conducted an extensive tour of all major television and radio stations in Seattle. During the tour, the group conducted multiple interviews. The primary messages of the tour were focused on the dangers around cold water shock. Due to favorable weather that included unseasonably high temperatures, Seattle media ran a significant number of stories on local televisions stations in the three weeks following the media tour. 26 articles - State Parks distributed 8 news releases and additional 18 boating safety articles were published in the media. • The program distributed approximately 155,000 pieces of RBS material including Adventures in Boating Handbooks, kids safety booklets, coloring books, and pamphlets.

Appendix 2: CVA Program 2014 Accomplishment Summary • As a condition of funding, the program requires all grantees to report how many gallons, CVA funded equipment pumped during the year. As of 12/31/2014, the program has received reports from marinas totaling 5.295 million gallons collected from October 1, 2013 – September 30, 2014. • Operations and Maintenance: $299,766 in annual operation and maintenance costs were / reimbursed to contract marinas ($286,105 to coastal marinas / $13,661 to inland) • Eighteen coastal grant projects were funded: $1,515,585 o Nine projects have been completed and nine are in process o $88,938 for educational outreach to inform marinas about CVA grant opportunities and education for boaters of the importance of proper sewage disposal to avoid unfortunate mishaps. • Three inland grant projects funded in 2014 totaling $343,329. All were completed. • Total amount spent or obligated in 2014 for both grants on capital projects was $1,858,914. With total operation and maintenance expenditures included, the total spent or obligated by the program in 2014 was $2,158,680 • The program manager was approached by WA Dept. of Health to administer an EPA grant awarded to DOH for the purchase and installation of boat pumpout facilities. Eight contracts were awarded totaling $238,042 which included $5,469 for State Parks salaries, benefits and administrative expenses. • The program conducted CVA grant workshops in Richland and Port Townsend in partnership with the Recreation and Conservation Office, Northwest Marine Trade Association, Sea Grant, and Puget Soundkeeper Alliance to help raise the awareness of the program and the level of knowledge of prospective partners. • Partnerships: The program manager participated in the following:

o Recreation and Conservation Office Advisory (RCO) Committee for the Water Cruiser Application

o RCO Committee for the Boating Facilities Grant Program o No Discharge Advisory Committees for Ecology and the Recreational Boating Association of Washington

o State’s Organizations for Boating Access (SOBA) Task Force for CVA Best Management Practices

o USFWS CVA Best Management Practices Task Force o Salish Sea Conference in Seattle May 2014 as a guest speaker/panel member o Clean Marina Advisory Committee

Fiscal summary of the CVA program - Federal Fiscal Year 2014 COASTAL October 1, 2013 - September 30, 2014 ACCOMPLISHEMENTS

Category Federal Share State Share Local Share Total Coordination 482 140,109 - 140,591 Education 71,935 34,921 - 106,856 Construction 463,129 - 73,957 537,086 O&M 466,338 5,211 224,773 696,321 1,001,884 180,241 298,730 1,480,854

INLAND October 1, 2013 - September 30, 2014 ACCOMPLISHEMENTS

Category Federal Share State Share Local Share Total Coordination 206 60,047 - 60,253 Education 47,957 23,280 - 71,238 Construction 319,781 - - 319,781 O&M 16,022 - 5,340 21,362 383,967 83,327 5,340 472,634

Note: State share includes all state sources of expenditures that can be used as “match” for this grant. These include funds from the Aquatic Lands Enhancement Account and certain expenditures State Parks. The local share is largely a total of all the matching funds provided by CVA project applicants.

FOR 2015 The program, working with the Boating Program Advisory Council is in the process of forming a work group to review and recommend guidance to the program for how it contracts for mobile pumpout services. The program signed an agreement with a pumpout provider in 2013 for Lake Washington that has resulted in concern by the Lake Union Liveaboard Association (LULA) about how these services are offered. In addition to the work group (with which LULA representatives have been invited to participate), the program is also: • Conducting a survey of boaters in Portage Bay to determine if the state funded service is competing with private business, and;

• Conducting an audit of the mobile pumpout provider (Terry and Sons) to determine if this not-for-profit is following all state and federal guidelines, general accounting principles, acting ethically and operating in a business like fashion.

Item E-5: Legislative Update - Report

EXECUTIVE SUMMARY: This item reports to the Washington State Parks and Recreation Commission on the status of issues, bills and budgets affecting State Parks during the 2015 session of the Washington State Legislature. This item aligns with Agency core values and advances the Commission Transformation Strategy “Demonstrating that all Washingtonians benefit from their state parks”.

SIGNIFICANT BACKGROUND INFORMATION: The regular session of the 2015 Washington State Legislature began on January 12, 2015 and is scheduled to end on April 27, 2015. At its meeting on January 29, the Commission will be provided a briefing on the status of the agency’s legislative agenda, budget, and other legislation that could affect agency programs and policies.

SUPPORTING INFORMATION: None

Author/Contact(s): Daniel Farber, Policy and Governmental Affairs Director [email protected] (360) 902-8504

Reviewer(s): Randy Kline, SEPA REVIEW: Pursuant to WAC 197-11-704, staff has determined that this Commission agenda item is a report and therefore is not subject to State Environmental Policy Act (SEPA) review. Shelly Hagen, Fiscal Review: Report only, no impact at this time. Jim Schwartz, Assistant Attorney General: Report only, no impact at this time.

Approved for Transmittal to Commission

______Don Hoch, Director

Item E-6: Discover Pass Program - Report

EXECUTIVE SUMMARY: This item reports to the Washington State Parks and Recreation Commission on progress of the Discover Pass program. It describes several new marketing initiatives to attract and retain customers. This item aligns with Agency core values and advances the Commission Transformation Strategy: “Adopt a business approach to park system administration.”

SIGNIFICANT BACKGROUND INFORMATION: The Discover Pass program was passed by the legislature and signed into law by Governor Gregoire in May 2011 (2SSB 5622). It was designed to provide adequate revenue to keep state recreation lands open to the public, in the face of steep reductions in General Fund support. The three Discover Pass agencies that administer and benefit from this program include: Washington State Parks & Recreation Commission (Parks), Washington State Department of Fish & Wildlife (WDFW) and Washington Department of Natural Resources (DNR). Revenues are being realized at about half the originally projected rate. The effects of this shortfall are different for the three agencies; but the motivation to find additional revenue through new and untapped Discover Pass markets, and to optimize processes to improve costs and efficiencies is shared by all.

Discover Pass Program Update Staff anticipates selling a new annual pass product beginning in January 2015. The new pass will be printed in full color on a durable synthetic paper. The new pass design brings an exciting new look and feel to the Discover Pass, while solving three problems with the current product. The new pass is: LESS CONFUSING A green nature scene quickly distinguishes it from the yellow hangtags that will be reserved for use with the WDFW Vehicle Access Pass. MORE DURABLE The synthetic paper is tear-resistant and will not curl or fade over the course of the year. It is recyclable as #5 plastic. BETTER VALUE It is less expensive to produce than the passes currently printed on Tyvek. The new pass has a fresh look and feel that customers will appreciate.

With the launch of a new product comes the opportunity to engage in several new efforts designed to increase revenues and improve the customer experience. The Business Development Program is coordinating work of the three-agency team in three key areas prescribed in the 2013 Discover Pass Business Plan prepared by Berk and Associates: 1. Expanding sales channels, bulk and bundled sales

2. Preparing a strategic marketing plan 3. Developing mechanisms and assembling data to “know your customer”

Expanded Sales Channels, Bulk and Bundled Sales A preliminary scope of work has been developed, and the agencies are currently involved in market research to best understand how to engage in these activities. Consideration is focused on several target segments. These include potential business partners that are interested in: • Bundling the pass with existing products and offers. • Purchasing passes at a bulk discount to offer as an employee or client incentive or gift. • Offering the passes to their employees for employee purchase. • Selling the pass at retail.

Strategic Marketing Plan The three Discover Pass agencies have agreed, for the first time, to jointly commit funds towards an ambitious Discover Pass marketing effort in 2015. Prior to finalizing this plan, the agencies are engaging in test marketing, including social media marketing tests and tests using Google AdWords. The latter is a form of advertising in search engines on the Internet. The results of these tests will help refine the broader plan and direct expenditure of funds most effectively.

“Know Your Customer” The basis for business decisions is the customer. Understanding the customer’s needs and how best to serve them will result in a more positive customer experience and will increase revenues.

As previously discussed, there are several current ways or places to purchase the Discover Pass. These are called touch-points and include purchasing the pass through the Department of Licensing, Department of Fish & Wildlife, online, by telephone, in a park, at one of more than 600 dealers statewide, or when making a reservation through our central reservation system. Customer information from these touch-points exists in silos and is not currently captured in a coordinated way that allows us to create a holistic picture of the customer, their behaviors or their interests. Without this picture, we cannot effectively engage in target marketing, set up retention programs or reactivation campaigns. This matters for three primary reasons:

1 – Target Marketing Effective marketing is directed at known customer segments with a targeted message based on known behaviors. These specific marketing efforts provide a much lower customer acquisition cost as opposed to general advertising or blanket marketing. Given the finite budget allocated to marketing efforts, it is important to be strategic by directing more funds to these areas and making sure we measure the results. Given that this the first foray into a strategic marketing plan, it is important to be able to measure the success of the efforts to determine the best course of action moving forward.

An example of this may be setting a targeted advertisement on Facebook directed to users with specific interests and in specific locations that match our demographic information on our customers as opposed to a general advertisement in The Seattle Times.

There is a time and place for less targeted marketing and advertising efforts, but determining the right mix is critical.

2 – Retention Programs The three agencies have already invested in acquiring customers. The customer purchases a Discover Pass and then there is hope they enjoy all the beauty and breadth of recreational experiences the pass affords them for a year and will remember to purchase a pass again next year.

A retention program would utilize the customer’s information to let them know in advance that their pass is expiring and would communicate all of the benefits of the pass and show them the easy methods by which they could renew. The program may also include strategic communications with pass holders throughout the year to encourage use so that they are a more engaged customer and more invested in the pass and the benefits it affords them.

This is something that is requested of the agencies by customers quite often. A study conducted by WSU this fall suggested more than seventy percent of respondents would be interested in receiving email communications. Customers want to be notified when their pass is about to expire so that they don’t accidently display an expired pass and end up with a ticket. Of course we will always give customers the option to opt out of such communications.

3 – Reactivation Campaigns Understanding customer data will enable us to engage customers meeting specific criteria and interest them in parks and new products and services. For example, reaching out to customers who purchased a Discover Pass two years ago but did not purchase a pass last year. There are also some sophisticated ways to target these customers through social media marketing channels that are worth exploring.

The Discover Pass agencies are first working on laying the foundation for knowing our customer. This includes understanding each touch-point, the data that can be gathered at each point, and establishing ways to manage this data. The agencies have also talked with several private sector retail partners and are currently working to obtain aggregate demographic data on Discover Pass customers whose purchase point was REI.

Future Efforts Additional opportunities to improve the program will be considered following the aforementioned efforts. These may include evaluation and consideration of a loyalty club and the exploration of new technology to enhance pass sales.

SUPPORTING INFORMATION: Appendix 1: Image of New Discover Pass

Author(s)/Contact: Katie Manning, Business Development Program Manager [email protected] (360) 902-8631

Reviewer(s):

Randy Kline, SEPA REVIEW: Pursuant to WAC 197-11-704, staff has determined that this Commission agenda item is a report and therefore is not subject to State Environmental Policy Act (SEPA) review. Shelly Hagen, Fiscal Impact Statement: Report only. No fiscal impact. Michael Young, Assistant Attorney General: Report only. Peter Herzog, Assistant Director

Approved for Transmittal to Commission ______Don Hoch, Director

APPENDIX 1 New Discover Pass

Item E-7: Interpretive Program Updates - Report

EXECUTIVE SUMMARY: This item updates the Washington State Parks and Recreation Commission on the Interpretive Transformation Initiative, including progress on Results Washington performance measurement and special license plate program investments. This item aligns with Agency core values and advances the Commission Transformation Strategy, "Provide recreation, cultural, and interpretive opportunities people will want”.

SIGNIFICANT BACKGROUND INFORMATION: In 2009, in the midst of the Great Recession, the Commission directed staff to prepare a policy to guide the future of the agency’s interpretive program. An interdisciplinary task force was established to develop policy choices for Commission consideration, and to assess the condition and relevance of interpretive services offered to the public. In November 2010, the Commission adopted its interpretive policy (Appendix 1), as well as a program vision statement and guiding principles (Appendix 2). In December 2012, staff updated the Commission with initial findings of a statewide assessment of interpretive facilities and programming.

In March 2013, the Commission adopted its Transformation Strategy to provide direction as the agency transitions to its new user fee and partnership-driven funding mechanism. The strategy includes new mission and vision statements driving all agency decision making. The strategy also prescribes seven overarching strategies the agency will use to regain a stable base of financial and public support: 1. Demonstrate that all Washingtonians benefit from their state parks 2. Adopt a business approach to park system administration 3. Provide recreation, cultural and interpretive opportunities people will want 4. Promote meaningful opportunities for volunteers, friends and donors 5. Form strategic partnerships with other agencies, tribes and non-profits 6. Expand use of land-holdings for compatible revenue generating purposes 7. Develop amenities and acquire lands that advance transformation

The strategy: provide recreation, cultural and interpretive opportunities people will want calls for the agency to undertake an Interpretive Transformation Initiative. As an initial step for this initiative staff conducted a formal statewide interpretation level-of-service survey, the results of which were reported to the Commission in January of 2014.

Other elements of the initiative include establishing an agency Interpretive Leadership Team and developing an action plan to guide the team’s efforts. The team is now focused on two areas: 1. Increasing participation in environmental education and interpretive programming to achieve Results Washington performance measures established by the Governor. 2. Increasing special license plate program investments in interpretive center and outdoor exhibits, Traditional Arts in Parks programming, and urban partnership outreach.

Results Washington Performance Measurement The Governor has established his Results Washington performance system to set statewide priorities and measure performance of state agencies. A performance measure established specifically for State Parks is to “increase participation in State Parks environmental education and interpretive programs from 114,000 visitors to 160,000 visitors in 2016.” In fiscal year 2014, approximately 171,000 visitors to state parks participated in environmental education activities or interpretive programming (Appendix 3). This level of participation represents a 50% increase in overall interpretive contacts and considerably exceeds the performance goal. Achieving the goal so early will require adjustment of the performance measure for future cycles.

To build on this success, the Interpretive Leadership Team is looking into ways to further increase visitor participation by: • Increasing environmental education and interpretive training opportunities for staff, formal partners and volunteers who provide direct programming. • Improving monthly reporting procedures to reduce staff time involved in database management and reporting.

In 2014, the majority of the visitor participation in environmental education and interpretive programming occurred in state parks with established interpretive centers. To address this trend, the team will also be focusing on: • Transforming existing Jr. Ranger program activities to be more relevant to modern youth and families, and to be available in more state parks each year. • Establishing interpretive programing and partnerships in parks that lack interpretive facilities.

Special License Plate Program Investments As specified in RCW 79A.05.059, expenditures from the Washington State Parks special license plate account “may only be used to provide public educational opportunities and enhancement of Washington State Parks”. With this purpose in mind, the Initiative action plan has identified investments in key areas of need. These include: • Updating interpretive center and heritage site exhibits that have outlived their expected life. • Maintaining the Folk and Traditional Arts in Parks programming. • Expanding urban partnership educational opportunities to attract new visitors to state parks.

Interpretive Center and Exhibit Updates A key ingredient to providing “recreation, cultural, and interpretive opportunities people will want” is to ensure interpretive experiences are relevant. Many of the agency’s exhibits have outlived their expected life span. Some parks lack interpretation all together. To address this challenge, dedicated funding was used to replace and create new exhibits in three state park heritage sites: • A series of 23 new exhibits were designed and installed by staff in the Dry Falls Visitor Center. The new exhibit entitled “New Interpretations of the Ice Age Floods” opened in June of 2014, and now provides visitors a fresh perspective of how the Ice Age floods shaped the Channeled Scablands of Washington State. • At Mount Spokane a series of four outdoor exhibits were developed in partnership with the Friends of Mount Spokane to tell the early recreation history of our largest state park. • At Palouse Falls a new exhibit was designed in collaboration with students from nearby Washtucna School. The exhibit tells visitors the story of how Palouse Falls became the state’s official waterfall in 2014.

In 2015, special license plate funds will be used to develop new exhibit designs for the Catherine Montgomery (Federation Forest) and Civilian Conservation Corps (Deception Pass) interpretive centers, replace 20 outdated exhibits in five state parks, and develop exhibits to commemorate the 1915-2015 centennial of the original Larrabee and Jackson House property donations.

Traditional Arts in Parks Programming In partnership with the National Endowment for the Arts (NEA) and the Washington State Parks Foundation, the Folk and Traditional Arts in Parks program serves to expand the diversity of programming offered to the public, and to entice a new demographic of visitors to the state park system.

In 2014, seventeen Folk and Traditional Art performances were provided to an audience of over 4,300 park visitors, with an average of 252 visitors per performance. Artists represented a wide diversity of cultures and performed throughout the state park system: • Deception Pass hosted crafts demonstrations, canoe rides, and smoked salmon from the Swinomish and Samish tribes as well as Dixieland Jazz, Irish, Scandinavian, Ecuadorian, and Labor performances; • Peace Arch presented music and dance originating from Brazil, Ireland, and Croatia along with poetry and music from the fishing industry; • Saltwater hosted music and dance festivals highlighting the cultures of Cambodia and Southeast Asia—Thailand, Vietnam, Taiwan, Philippines, Laos, and Indonesia; • Goldendale Observatory presented bluegrass and cowboy poetry; • Pearrygin Lake hosted music and dance from Brazil, Colombia, Ecuador; and • Cama Beach hosted a presentation of Oregon Trail-era music and two family square dance programs featuring live old-time musicians and local callers.

Continued investment in the Folk and Traditional Arts in Parks program is planned for 2015, with the recent award of a $35,000 grant from the NEA, support from the State Parks Foundation and the special license plate program. Additionally, opportunities to enhance outdoor programming and event infrastructure, including amphitheater improvements, are proposed in the 2015-17 capital budget request.

Urban Partnership Outreach A basic goal of the agency’s urban partnership outreach program is to attract new visitors to state parks. The largest source of potential new visitors can be found in the growing urban areas of the state. This program seeks to address existing gaps in interpretive programming in state parks located in and/or adjacent to urban areas by providing a range of gateway experiences for urban residents to safely recreate and explore the outdoors.

Currently, urban partnership outreach efforts have been focused within the Lake Sammamish Urban Wildlife Refuge Partnership (Partnership), one of eight nation-wide pilot initiatives sponsored by the U.S. Fish and Wildlife Service (USFW). A key asset of this partnership is Lake Sammamish State Park, and its easily accessible shoreline, day-use facilities and natural areas.

In June of 2014, Interpretive Program staff facilitated the development of a grant-funded Partnership Interpretive Plan, which involved the USFW, Washington Department of Fish and Wildlife, the Snoqualmie Tribe, King County and a host of local governments and non-profit organizations. State Parks has received an additional $20,000 grant from the USFW to implement key interpretive plan elements in Lake Sammamish State Park, including comprehensive trail signing updates, outdoor exhibits and capacity to incorporate technology- based activities such as geocaching and citizen science partnership opportunities.

Next Steps Future efforts of the Interpretive Transformation Initiative will build upon work to date in an effort to re-establish interpretation as an important element of the state park experience. Program staff will continue work with other agency staff and partners to prioritize interpretive investments that will result in encouraging the use of parks and a healthy state park system.

SUPPORTING INFORMATION: Appendix 1: Commission Interpretive Policy Appendix 2: Interpretive Program Vision Statement and Guiding Principles Appendix 3: Fiscal Year 2013 - 2014 – Environmental Education and Interpretive Program Participation

Author(s)/Contact: Ryan Karlson, Interpretive Program Manager [email protected] (360) 902-8650 Reviewer(s): Randy Kline, SEPA REVIEW: Staff has determined that the above Commission agenda item is a report and is exempt from the State Environmental Policy Act (SEPA). Shelly L. Hagen, Fiscal Impact Statement: No fiscal impact. Report only. Michael Young, Assistant Attorney General: December 29, 2014 Peter Herzog, Assistant Director

Approved for Transmittal to Commission

______Don Hoch, Director

APPENDIX 1 Commission Interpretive Policy 50-10-1

A. PURPOSE Providing interpretive opportunities for the citizens of Washington and their guests is a longstanding activity of the Washington State Parks and Recreation Commission (Commission). The scope and function of interpretation has evolved substantially with the expansion of the state park system, expediential growth in visitation and technology advancements witnessed over the last 97 years. This policy aims to organize and redefine the statewide role of interpretation in the state park system as it prepares for a second century of service.

Furthermore, this policy will enable the Commission to better utilize interpretation as a resource management tool to support the ongoing stewardship of the outstanding, yet vulnerable natural, cultural, historical and scenic resources entrusted within its care. This policy applies to all agency employees, volunteers, and contractors engaged in the development, implementation, and evaluation of interpretive services.

B. REFERENCES 1. RCW 79A.05.305 Declaration of policy—Lands for public purposes 2. RCW 79A.05.335 Environmental interpretation—Authority of Commission 3. RCW 79A.05.340 Environmental interpretation—Scope of activities 4. RCW 79A.05.345 Environmental interpretation—Assistance from other organizations 5. WAC 352-16-010 (1) Naming and classification of state park areas 6. WAC 352-16-020 Land classification system 7. WAC 352-32-010 Definitions; “Environmental interpretation” 8. WAC 392-410-115 (6) Mandatory areas of study in the common school 9. Commission Policy 50-62-1 Historic Sites; 10. Commission Policy 65-95-1 Environmental Interpretation Program Policy; 11. Centennial 2013 Vision and Plan; 12. 2006 Cooperative Partnership Agreement between the Washington State Historical Society and the Washington State Parks and Recreation Commission

C. DEFINITIONS 1. Collections: The collected objects cared for by the Commission or another institution or organization.

2. Curriculum-Based Learning: Programs and activities designed to facilitate mandatory areas of study at all grade levels, including instruction about conservation, natural resources, and the environment in an interdisciplinary manner with an emphasis on solving problems of human adaptation to the environment [see WAC 392-410-115 (6)].

3. Environmental Interpretation: The provision of services, materials, publications and/or facilities, including environmental learning centers (ELC), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public

understanding, appreciation and enjoyment of the state’s natural and cultural heritage through agency directed or self-learning activities [see WAC 352-32-010].

4. Heritage Site: A designated location, structure, or assemblage of resources within a state park area possessing significant natural, cultural, historical or scenic attributes that are preserved and interpreted for the education and enjoyment of the public.

5. Interpretation: A mission-based communication process that creates opportunities for visitors to connect emotionally and intellectually with the world around them in meaningful ways.

6. Interpretive Center: A designated site or structure administered by State Parks specifically to interpret a significant element of Washington’s heritage to the public. The significance of historic properties, events and/or natural features, extant or vanished, within the general proximity of an Interpretive Center transcends local interest and is of statewide or national significance.

7. Interpretive Services: A range of program activities aimed to communicate messages to wide and varied audiences in order to enhance visitor experience and stewardship of state park resources using guided and self-guided methodologies and media technologies. a. Guided: One person or persons providing interpretation to another person or group of people. Examples include informal visitor contacts (roving) and formal programming, such as campfire talks, guided hikes and tours, and cirriclum-based learning programs and activities. b. Self-Guided: Interpretive media that does not require a person to deliver messages. Examples include indoor and outdoor exhibits, brochures, audio/video programs and digital media (world wide web content).

8. Object: A material thing possessing functional, aesthetic, cultural, symbolic, and/or scientific value, usually movable by nature or design. Objects include prehistoric and historic objects, artifacts, works of art, archival material, and natural history specimens that are part of a museum-type collection.

9. State Park Area: All areas dedicated for public park purposes, excluding separately located administrative areas, and under the ownership and/or management of the Washington state parks and recreation commission [see WAC 352-16-010 (1)].

10. Stewardship: The care of state park lands including conservation of natural features and systems, preservation of historical and cultural sites and resources, and thoughtful management that encourages their meaningful and sustainable recreational and educational use and enjoyment.

D. POLICY 1. The Commission utilizes interpretation as an essential resource management tool to foster public awareness and stewardship of state park lands and the inherent natural, cultural scenic and recreational resources entrusted within its care.

2. Every state park serves a function within a statewide network of interpretive opportunities. All developed state parks provide appropriate self-guided and/or guided interpretive services to enhance visitor experience.

3. State park lands possess unique capacities to serve as outdoor classrooms for environmental interpretation. The Commission fosters educational opportunities statewide, including the facilitation of curriculum-based learning programs and activities.

4. The Commission is committed to preserving and interpreting Washington’s diverse human and natural heritage to the public. The Commission coordinates with interested Native American tribes in the research and development of interpretation associated with topics of mutual interest to ensure that presented information is accurate and appropriate, including the display of collection objects.

5. The Commission collaborates externally with interested Native American tribes, government agencies, educational institutions, and private organizations and individuals to enhance interpretive services statewide, including the operation of designated Heritage Sites and Interpretive Centers.

6. The Commission strives to maintain relevant interpretive experiences. An Interpretive Program Strategy should be updated biennially to identify and prioritize interpretive programming and facility needs for consideration in agency budget development procedures.

APPENDIX 2 Interpretive Program Vision and Guiding Principles

Vision Statement

Washington State Parks provide positive, memorable experiences that

connect visitors to Washington’s diverse human and natural heritage

through quality interpretive experiences provided by staff and volunteers

in collaboration with interested tribes, agencies, organizations, and individuals.

Guiding Interpretive Principles

1. Every state park has a story to tell.

2. Interpretation increases the quality of visitor experience in a state park.

3. Effective interpretation is thematic-based and relevant to its audience.

4. Organized interpretive experiences build on each other, leading to a broader understanding of state park resources.

5. Interpretation is an effective communication tool used to protect park resources and improve public compliance with park rules.

6. Interpretive messages are accurately presented and respect multiple cultural views.

7. Interpretive opportunities are designed to be accessible to all visitors.

APPENDIX 3 FISCAL YEAR 2013 - 2014 – ENVIRONMENTAL EDUCATION AND INTERPRETIVE PROGRAM PARTICPATION

Item E-8: Current Biennium Financial Report and Update on 2015-17 Budget Requests - Report

EXECUTIVE SUMMARY: This item reports to the Washington State Parks and Recreation Commission on the status of: 1) State Parks’ 2013-15 Biennium operating and capital expenditures, 2) Parks Renewal and Stewardship Account (PRSA) revenue collections, and 3) State Parks 2015-17 budget requests. This item aligns with Agency core values and advances the Commission Transformation Strategy – “Adopting a business approach to park system administration”

SIGNIFICANT BACKGROUND INFORMATION:

2013-15 Biennium Operating Budget: State Parks’ 2013-15 Biennium operating budget is currently $132.4 million ($105.2 million in the PRSA). In addition, the Recreation and Conservation Office was appropriated $33,000 out of the PRSA to help pay for a study on the economic impacts of outdoor recreation.

2013-15 Biennium Capital Budget: State Parks’ 2013-15 Biennium capital budget currently totals $78.6 million ($53.0 million in the State Building and Construction Account), which includes direct appropriations, re-appropriations, and grant and pass through funds. This budget amount includes $453,000 in additional dollars requested from a contingency pool of capital dollars for the Dosewallips wastewater treatment system project. The Office of Financial Management approved this request, which was based on construction and consultant services bids.

2013-15 Biennium Revenue: The 2013-15 revenue estimates for the Parks Renewal and Stewardship Account are $96.6 million (includes $10.0 million in litter tax transfers). No additional revisions to revenue estimates are anticipated at this time. The next review of the forecast will occur in February 2015.

2015-17 Operating and Capital Budget Update

The Governor released his operating, capital, and transportation budgets on December 18th. In regards to the operating budget, the Governor showed his support of the Park system by providing $35 million in general fund dollars to support the agency to offset reductions taken at carry-forward level, cover the costs of employee and compensation and benefit changes, and provide additional resources for known cost increases and adding additional staff. The Governor identified maintenance of facilities as a priority and funded about 90% of State Parks capital request. State Parks request for $986,000 was included in the Governor’s transportation budget proposal.

FINANCIAL INFORMATION:

Agency Operating and Capital Expenditures

Operating: The Agency continues to maintain a positive spending variance for the 17-month period ended November 30, 2014. The Agency spent $85.4 million of which $76.7 million was for general operations. The agency continues to manage costs and grow a positive spending variance. These savings help to protect the agency from an unanticipated revenue downturn, create a cushion to pay for unanticipated costs, end the biennium with a higher PRSA fund balance. The PRSA fund balance as of November 30, 2014 is $21.1 million.

Capital: To-date, the Agency has expended $22.9 million on projects funded through the State Building and Construction Account; of which $4.9 million was spent on re-appropriated projects, and $18.0 million on new projects. Progress continues to be made with 93% of the projects in some phase of work, and a majority of the projects in the permitting or construction phases. The current estimate for re-appropriation is $7 million.

Agency Revenue Current Biennium: PRSA revenue collections continue to be above projections. For July 1, 2013 through November 30, 2014, revenue collected for Discover Pass sales, State Parks donations, camping, cabins, yurts, other lodging and other revenue are 5.4% above estimates. Discover pass sales and camping revenue continue to be the largest contributors to the positive revenue balance.

Comparing biennium-to-date revenue against estimates for the four categories shows: 1) Discover Pass revenue is 8.8% above projection, 2) Donations through the “opt out” program are 4.2% above projection, 3) Revenue from camping is 7.0% above projection, 4) Cabins and other lodging revenue is 0.3% below projection, and 5) Other revenue sources are 1.5% above projection.

UPDATE - 2015-17 OPERATING AND CAPITAL BUDGET

2015-17 Operating and Capital Budget Submittals. A summary comparing State Parks’ operating and capital budget requests to the Governor’s proposal is attached. An update of current information will be provided at the Commission meeting.

Timeline. . Late February, early March – Legislative budget proposals released . Mid-March – Revenue forecast update . April 26, 2015 – End of regular legislative session

SUPPORTING INFORMATION: Appendix 1: Operating and Capital Budget Financial Report Appendix 2: Parks Renewal and Stewardship Account (PRSA) Revenue Summary Appendix 3: Earned Revenue – Percentage Over or Under Estimate Appendix 4: State Parks’ Budget Requests Versus Governor’s Proposals

______

Author/Contact(s): Shelly Hagen, Financial, Technology and Business Services Director [email protected], (360) 902-8621

Reviewer(s): Randy Kline, SEPA Review: Pursuant to WAC197-11-704, staff has determined that this Commission agenda items is a report and therefore is not subject to State Environmental Policy Act (SEPA) review. Christeen Leeper, Fiscal Review: Report only, no fiscal impact. Michael Young, Assistant Attorney General: 12/31/14

Approved for Transmittal to Commission

______Don Hoch, Director

APPENDIX 1 OPERATING AND CAPITAL BUDGET FINANCIAL REPORT 2013-15 BIENNIUM as of November 30, 2014

Operating Budget:

Biennial Biennium-to-Date Percent Fund/Account Budget Expenditures Balance Spent General Use Funds General Fund - State 8,500,000 6,057,200 2,442,800 71.3% Parks Renewal and Stewardship Acct. (PRSA) 105,159,000 69,376,410 35,782,590 66.0% Litter Control Account 1,700,000 1,218,900 481,100 71.7% Subtotals 115,359,000 76,652,510 38,706,490 66.4%

Restricted Use Funds General Fund/PRSA/Dedicated Accounts* 17,024,000 8,762,664 8,261,336 51.5% Totals 132,383,000 85,415,173 46,967,827 64.5% * Restricted for Avalanche Center, private/local grants, donations, Boating and Winter Recreation Programs, ORV, Roads, and non-appropriated funds

PRSA Fund Balance Information:

Date Balance June 30, 2011 15,605,070 June 30, 2012 13,097,942 June 30, 2013 13,893,475 June 30, 2014 16,463,305 November 30, 2014 21,143,166 Note: Commission Policy for Working Capital Reserve - $8.5 Million

Capital Budget:

Biennial Biennium-to-Date Percent Funding Source Budget Expenditures Balance Spent New Projects - State Bldg. Constr. Acct. 43,424,300 18,025,216 25,399,084 41.5% Reappropriations - State Bldg. Contstr. Acct. 9,518,129 4,896,433 4,621,696 51.4% Subtotals 52,942,429 22,921,649 30,020,780 43.3%

Grants/Donations/Pass Through Funds State Grants/Donations/Parkland Acquisition* 21,274,989 8,349,107 12,925,882 39.2% Federal Grants/Pass through Funds** 4,350,000 1,734,992 2,615,008 39.9% Totals*** 78,567,418 33,005,748 45,561,670 42.0% * Includes private/local spending authority for grants including re-appropriations ** Includes Clean Vessel grants issued to other entities, and spending authority for grants *** Includes unalloted

APPENDIX 2 PARKS RENEWAL AND STEWARDSHIP ACCOUNT (PRSA) REVENUE SUMMARY 2013-15 BIENNIUM As of November 30, 2014

% Actuals Biennial Estimate Actual Over/Under Source Estimate To Date To Date Variance Projection Discover Pass Sales 28,380,668 19,697,068 21,423,958 1,726,890 8.8% 28.2% License Renewal Donations 13,740,400 9,581,000 9,984,640 403,640 4.2% 13.1% Camping Related Sources 28,835,600 23,691,900 25,346,697 1,654,797 7.0% 33.3% Cabins/Yurts/Other Lodging 5,105,500 4,244,400 4,230,315 (14,085) -0.3% 5.6% Litter Tax 10,000,000 7,083,330 7,083,333 3 0.0% 9.3% Other * 10,499,800 7,856,416 7,976,580 120,164 1.5% 10.5% Totals 96,561,968 72,154,114 76,045,524 3,891,410 5.4% 100.0% * Other revenue sources include leases, reservation fees, retreat centers, boat moorage and watercraft launch fees, day use fees, etc.

Percent of Revenue Collected by Source

10.5% Discover Pass Sales 28.2%

9.3% 28.2% License Renewal Donations 13.1%

5.6% Camping Related Sources 33.3%

Cabins/Yurts/Other Lodging 5.6%

Litter Tax 9.3% 13.1%

33.3% Other 10.5%

APPENDIX 3 EARNED REVENUE – PERCENTAGE OVER OR UNDER ESTIMATE 2013-15 BIENNIUM HISTORY As of November 30, 2014

Sept March June Sept Nov 2013 Dec 2013 2014 2014 2014 2014 Variance Variance Variance Variance Variance Variance Discover Pass 6.4% 8.5% 3.8% 6.4% 8.4% 8.8% Donations 4.2% 0.8% 0.5% 5.8% 4.4% 4.2% Camping 3.1% 2.2% 2.7% 6.0% 6.6% 7.0% Other Lodging 0.5% 0.2% 1.5% -3.2% 1.2% -0.3% Other 3.0% -9.9% 2.9% 1.1% 2.3% 1.5% Totals 3.4% 1.6% 2.3% 4.4% 5.4% 5.4%

APPENDIX 4 STATE PARKS’ BUDGET REQUESTS VERSUS GOVERNOR’S PROPOSALS As of January 13, 2015

Operating Budget

Agency Request Governor's Budget FTEs Dollars FTEs Dollars Total Budget Request - PRSA/GF/Litter 819.5 152,969,000 682.9 135,222,000 Total Budget Request - Dedicated Funds 18.0 19,471,000 18.0 19,536,000 Total Budget Request 837.5 172,440,000 700.9 154,758,000

Capital Budget

Agency Request Governor's Budget Dollars Dollars Pre se rvation Proje cts 68,551,000 60,907,000 Programmatic Projects 19,777,000 17,953,000 Reappropriation Projects 7,729,000 6,385,000 Sub-Total State Building Construction Account 96,057,000 85,245,000 Federal & Local Grant Spending Authority & Parkland Acquisition 6,350,000 6,350,000 Total Budget Request 102,407,000 91,595,000

* Numbers are not finalized; may change with pending adjustments.