DEPARTMENT OF NATURAL RESOURCES

State lands managed by the Department of Natural Resources

Logging likely on Mitchell Hill

posted 06/25/02
The state Department of Natural Resources needs to generate revenue from the school trust lands and is running out of patience with the county. "We had an agreement to look at other kind of uses in 1986. It is time to do something, "Commissioner of Public Lands Doug Sutherland said in an interview June 20, 2002. "We can't just continue to do nothing."

Sutherland said DNR is open to ideas and is willing to work with other agencies. The lands could be traded, sold or leased to other public agencies. While DNR could sell the land to private parties, Sutherland said it is not his intention to do so.

Sutherland objected when in the past year, the county asked for a three year extension of the current management plan. Sutherland said no to what he called a "three year moratorium."

"At Mitchell Hill we really need to do something," he said."Regardless of the (future) uses of the property, the forest would be healthier if some harvesting of timber was done he said. "It is too tightly knit together. There is the possibility of catastrophic fire. We're trying to figure out the best way (to harvest some timber). "

In 1986 the 320-acre Mitchell Hill property which forms the southeast flank of Mount Young was under lease to Blazing Tree Ranch for grazing. That year the county's Management Plan for San Juan County Trust Lands recommended alternative for the property was "multiple use forest management. Public uses should be consistent with access." The committee which created the plan also recommended establishing a hiking trail using the old military road on the north end of the property. They recommended naming it the "Einar Nielsen Memorial Trail".

In the 2001 revision to the plan, the report states: "no longer under lease; pursue transfer to another public ownership, but classify as multiple use."

County commissioners discussed the DNR trust lands at their June 18, 2002 meeting. They felt there had been a communication gap between DNR and the county. Commissioner Rhea Miller agreed to speak to Sutherland about the issue during the net recovery trip on June 20.

Sutherland said DNR had gotten the county's attention. DNR is ready to "begin serious discussions with other jurisdictions as well," he said.

Commissioner Miller said the county had been waiting for direction from DNR and wanted to work with DNR, the Bureau of Land Management, state and federal parks to find ways to preserve the lands.

Excerpts from the county's Management Plan for San Juan County Trust Lands (revised July 3, 2001)

Introduction
The San Juan Islands constitute a unique and irreplaceable resource for the people of the State of Washington and the residents of San Juan County. The conservation and wise use of the islands depend on both public and private land use and management decisions. From January 1984 to May 1986 the 12-member San Juan Islands Trust Land Advisory Committee worked to develop Recommended Management Guidelines for the most appropriate uses and management of nearly 2.500 acres of Department of Natural Resources-managed Trust land in the county.

...In December 1985, hearings were held on each of the major islands. ..Adoption of this document as a policy plan by San Juan County and the Board of Natural Resources will assure the most appropriate uses and management for the Department of Natural Resources-managed Trust land in the county. This plan provides a workable resolution to past differences and a framework for future actions regarding the uses of Trust land in San Juan County.

...Created in 1957, the Department of Natural Resources (DNR) manages various Trust lands throughout the State... DNR manages over 2 million acres of forest land and nearly one million acres of agricultural land for the benefit of specific institutions such as public schools, the University of Washington and Washington State University.

In San Juan County, DNR currently manages 26 upland properties totaling 2,450 acres. This land represents only about 0.1 percent of the State Trust Land base but 2.3 percent of all land within San Juan County. Trust lands in San Juan County are located on Six islands as shown on the location map on the cover of this report. Twenty-one of the properties are "Common School Trust Lands" with limitations on their disposition and use as described in the following section. Three of the properties were purchased for recreational use and do not have income-producing Trust requirements. One property is officially listed as second-class tidelands.

The Special Role of DNR Lands
When the State of Washington was created by the Enabling Act of 1889, a land-rich, money-poor federal government gave the state over 3 million acres of land to be held in trust for the support of public institutions. In each township Sections 16 and 36 (2 square miles) were granted for the "support of the common schools" (grades K-12). The state Constitution established the Common School Construction Fund (Article IX) to receive the fair market value of proceeds from the sale, lease or management of School Trust Lands to finance the construction and renovation of school facilities in the state.

Over the years the U.S. Supreme Court and various state supreme courts have consistently ruled that the designated institution must be the primary beneficiary of any proceeds from these lands. For instance, if a state park, a Natural Area Preserve or a school playground is created from Trust land, the Trust must be reimbursed for the fair market value of the land.

For the purpose of providing increased continuity in the management of public lands and facilitating long-range planning by interested agencies, DNR may withdraw limited acreages from income obligation under the Multiple Use Act (79.68 RCW). However, a withdrawal does not modify DNR's obligations to manage the land under its jurisdiction in the best interests of the benefici-aries of Trust lands. I)NR has an underlying legal obligation to diligently pursue long-term economic benefits for the trusts.

Recent unprecedented defaults on State timber contracts totaling over 250 million dollars combined with low projected prices in the future for timber have placed the Common School Construction Account in a precarious situation. One result of this shortfall has been a re-evaluation of school land management in an attempt to diversify and stabilize income flow to the trusts.

The San Juan Islands Trust Land Advisory Committee

As part of the re-evaluation of the "Trust portfolio," Commissioner of Public Lands Brian Boyle directed DNR to develop a long-range management plan for the Trust land in San Juan County. This effort was initiated in 1983 after the San Juan County Commissioners expressed growing concern with DNR proposals.

Previously, DNR and San Juan County seemed to be at an impasse regarding Trust land management. DNR had proposed or carried out timber sales or recreational developments without the benefit of a long-range plan. Statements by DNR officials about the possible sale, exchange or lease of Trust land had alarmed county officials. Several proposals for logging of sensitive sites and sale to private development interests were judged to be inappropriate by the county.

DNR opposed the "Conservancy" designation placed by the County Comprehensive, Plan on Trust lands. This designation required that DNR apply for a conditional use permit to harvest timber from Trust land. Under the Forest Practices Act, DNR is the designated regulatory agency for overseeing the removal and replanting of trees on private and state land. Two sales approved by the Board of Natural Resources were deferred because application to the county for conditional use permits would have raised serious questions for DNR. Similarly, nonapplication for these permits would have raised serious questions for county officials. In addition, under other state laws, DNR abides by local land use regulation when stale lands are treated "substantially the same" as adjacent private lands. The Conservancy designation on most Trust lands appeared to DNR officials to be a form of "spot zoning" with negative financial consequences for the Common School Trusts. The county felt justified in protecting sensitive sites from destructive logging and inappropriate development.

Relations between the county and DNR were charac-terized by suspicion and distrust. Both parties were frus-trated but wished to avoid a court battle that would have been costly and uncertain. As a result of meetings between the County Commissioners and the Commissioner of Public Lands, both parties agreed, in a Memorandum of Understanding signed on January 21, 1984, to resolve their differences within a framework of cooperation and consultation for the planning and long-term use of DNR-managed Trust lands. A critical part of the planning process was the 12-member San Juan Islands' Trust Land Advisory Committee appointed by Commissioner Boyle, in consultation with the county commissioners.

The purpose of the committee was to provide a forum for discussion of issues and areas of concern regarding the wise and prudent multiple uses of DNR-managed lands. The goal of the planning process was to obtain advice and information from state and local agencies and groups, the general public and from the committee on how to inte-grate DNR Trust obligations for environmentally sound land management with educational and recreational op-portunities and with the concerns of island and regional residents.

What the San Juan Islands Trust Land Advisory Committee did
The committee held its first public meeting late in January 1984 at which they adopted a charter, operating guidelines and a schedule for their work. During subsequent meetings, background information was provided by DNR and county staff about various aspects of land-use and management. Committee members visited nearly all of the Trust land parcels in a series of Saturday field trips.

In late March and early April 1984, the committee held a series of public fact-finding workshops to gatherinformation and ideas from island residents. Based on this information, the site visits and previous discussions, the committee held two all-day work sessions in April to explore the various alternatives and opportunities offered by each of these properties.

In October, draft recommendations were published in full and available to all citizens and groups for comment for approximately six weeks. In addition, 6,700 summaries of the draft recommendations with provision for public participation by use of the mail and at community meetings were mailed to all residents of the county and to all property owners adjacent to Trust land. During the last week in November 1984, the committee conducted a series of five community hearings at various island locations to gather citizen Comments on the draft policy and site recommendations. These hearings were attended by approximately 100 citizens. In addition, almost 70 "mailback" response forms were received as were over 20 letters. A summary of the meeting comments, as well as the written responses end the letters received, can be found in the Appendix to the Recommended Management Guidelines.

Early in 1985, the committee held a series of working meetings to review the public comments to the draft recommendations. A final draft of the Recommended Management Guidelines was presented by the committee in June I985, to the Commissioner of Public Lands and the San Juan County Board of Commissioners. The report also contained copies of all communications received in response to the committee's work, a summary of testimony from public hearings and the text of all mailback responses.

The committee's deliberations were guided by five primary factors contained in the committee charter:

1. The Trust nature of the state lands;
   
   
2. sound principles of resource management;
   
   
3. multiple use provisions compatible with basic Trust obligations;
   
   
4. protection of public resources (e.g., water, wildlife); and
   
   
5. San Juan County plans and policies.

The Management Plan

This plan is divided into two sections: Policies and Management Status and Proposed Actions. The Policies section presents a framework for the Multiple Use and Administration of the Trust lands in the county. These policies define the important social and environmental values of the Trust land and propose ways for DNR to operate as a "good neighbor" in San Juan County while prudently generating incomes for the School Trust.

In the Management Status and Proposed Actions Site Analyses section, each property and its environmental and community resources are briefly described. Designations and activities are proposed for parcels suitable for forest management, natural preserves or land that should not be managed by the state but should be kept in public ownership. The Trust responsibilities of the DNR and the potential forest productivity of certain lands provide an ample justification for a continuing presence by the DNR in land management activities in San Juan County.

Citizens of the county recognized that if the community waits 20 years to acquire some of this property, it will increase astronomically in value. The time is past when the public can expect to have these Trust lands without charge. At the present time, with a favorable atmosphere of community interest, DNR can be responsive to public initiatives. The uses of Trust land are limited only by imagination and energy if the underlying obligations of the lands are addressed.

This plan is long-range in nature. As such it should prevail over short-range or conflicting opportunities that may otherwise seem expedient.

Over the years since the first adoption of this plan various courts and administrative proceedings have ruled that lands such as the Trust lands must meet their other legal obligations, such as endangered species protection and the protection of clean water. The policies and review mechanism of this plan can assist in meeting these responsibilities.

This subarea plan was first adopted in 1986. In 2001 it was reviewed for consistency with the 1998 County Comprehensive Plan and UDC, as amended, and Chapters 36.70A and 90.58 RCW, and was revised in accordance with that review and in order to update the management status and direction for the Trust lands.

The complete plan is available on the Internet: county's Management Plan for San Juan County Trust Lands

Questions raised about future of DNR land

posted 06/19/02
For 113 years the 320 acre Mitchell Hill property on San Juan Island has been part of the state's School Trust land. Future ownership of that property and other state Department of Natural Resources managed lands in San Juan County is up in the air. "There is nothing right now that prevents them (DNR) from going to public auction," said San Juan County Parks Superintendent Dona Wuthnow at a June 12, 2002 BOCC meeting.

DNR says it can no longer afford to manage properties which do not produce income. "They are broke in essence," said Board of County Commisioner Chair John Evans."They are trying to get out from things they consider are not their primary mission."

"They are looking at all options. The Bureau of Land Management might be interested, state parks might be interested,"San Juan County Land Bank Director Dennis Schaffer said, "In all fairness to DNR, they are committed to working with the local community. The direction is coming down from the top to move."

County Commissioner Rhea Miller said, "We need to high profile this. We need to find out what situation is and call it to the attention of the public in a big way." She is meeting with Commissioner of Public Lands Doug Sutherland Thursday, June 20 when they both participate in the removal of a fishing net near Stuart Island.

Evans said, "Personal contact will be good. We need to develop an understanding of what their goals are and how we can preserve these properties."