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DEPARTMENT OF NATURAL RESOURCES



$6 million for Mitchell Hill in Obama's budget

posted 05/08/2009
U.S. Representative Rick Larsen (WA-02) praised President Obama's inclusion of $6 million in his annual budget to purchase Mitchell Hill and transfer it to the San Juan Island National Historical Park to protect this land from development and enhance recreational opportunities for visitors.

"Today’s announcement is great news for San Juan County, Northwest Washington and the over 250,000 people who visit the San Juan Island National Historical Park each year,” said Larsen, who has worked for more than six years to protect Mitchell Hill. “This news means that the Obama Administration has recognized the importance of this valuable natural and historic landmark and is making Mitchell Hill a priority."

Inclusion in the President’s budget is an important step in the process of adding Mitchell Hill to the San Juan Island National Historical Park. Next, Congress must provide funding for Mitchell Hill as part of their annual Interior and Environment appropriations bill. Last month, Larsen requested that Congress provide $6 million to complete the acquisition.

Mitchell Hill is made up of 320 acres adjacent to the English Camp unit of San Juan Island National Historical Park (NHP). It encompasses a portion of the old Military Road that connected English Camp and American Camp during the joint military occupation during the 19th Century.

The Mitchell Hill property is currently owned by the Washington State Department of Natural Resources (DNR). Making Mitchell Hill a part of the San Juan Island Historical Park has a broad range of local support from local officials to local residents. Supporters include The National Park Service, San Juan County, DNR and the San Juan Island Trails Committee.


Rep. Rick Larsen sees first hand value of preserving Mitchell Hill

Story and photos by Sharon Kivisto

San Juan Island Historical Park Superintentent Paul Dederich, Rep. Rich Larsen,
County Councilmember Kevin Ranker, David McCauley

posted 05/07/07
National Park Superintendent Peter Dederich described the old Military Road which had traversed the Mitchell Hill property. San Juan Island resident David McCauley spoke about horseback riders and other people who frequently use the 320 acres for recreation. After hiking through the wooded area on Sunday, May 6, U.S. Rep. Rick Larsen (40th-D), said, "There are clear cultural, environmental and recreational values that need to be preserved. It's an opportunity to make it part of the National Park Service. I'd like to see that happen."

County Parks Superintendent Dona Wuthnow and County Councilmember Kevin Ranker accompanied U.S. Rep. Rick Larsen (40th-D) during the lawmaker's visit Sunday.

McCauley organized a Friends of Mitchell Hill group after hearing a wealthy developer had his sights on the property. A Web site describes the group's efforts to support the plan to have the San Juan Island National Historic Park (English Camp) acquire the property from the state Dept. of Natural Resources. Wuthnow praised the group's efforts.

County councilmember Kevin Ranker and former County Commisssioner Rhea Miller and county staff have been exploring possibilities, negotiating with DNR, and working with legislators over the past several years to find ways to keep the DNR lands in public ownership. County Councilmember Bob Myhr worked on the Lopez Hill project.

Councilmember Kevin Ranker said, "Rick Larson has been a champion on the Mitchell Hill issue for San Juan County." What is needed now is for the National Parks Program to finish up their General Management Plan. The plan will include the acquisition of Mitchell Hill property.

A public hearing will be held once the plan is final. Letters supporting the park's plan will then be needed, according to Ranker.

After the plan is finalized, legislation can be written and introduced by Larsen. Support from Senators Maria Cantwell and Patty Murray as well as U.S. Rep. Norm Dicks who is the chair of the Dept. of Interior Appropriation Committee will be needed. Citizens can help by writing letters at the appropriate time, Ranker said. Islanders who live in other districts part-time could help by asking their other representative to help with the project.

"It is critical to San Juan County that this piece of property stays in the public trust," Ranker said. He thanked DNR Commissioner of Public Lands Doug Sutherland for his willingness to work with the county on this project.

Peter Dederich (Left) shows Rick Larsen the area on a map.

Larsen, Macauly, Dederich, Ranker and Wuthno take a moment at the top to discuss options.

Peter Dederich, Kevin Ranker, David Macauley and Rick Larsen discuss the property's future.


Senate budget funds Lopez Hill
and Skagit Valley's Blanchard Mountain Plan

posted 04/02/2007
Blanchard Mountain and Lopez Hill are two of the beneficiaries of the Senate’s proposed capital budget for 2007–09, according to Sen. Harriet Spanel, D-Bellingham. The budget unanimously passed the Senate March 31.

The budget provides significant funds for natural resource projects in the 40th Legislative District. Blanchard Mountain would receive $4 million to begin to implement an agreement to protect a roadless core containing most of the mountain’s older forests, lakes, caves and trails. Funding to conserve and protect Lopez Hill, more than 400 acres of one of the most important watersheds on Lopez Island, is also included.

Blanchard Mountain would receive $4 million to begin to implement an agreement to protect a roadless core containing most of the mountain’s older forests, lakes, caves and trails.

“These are important funds. After several months of work on the Blanchard Mountain agreement by many stakeholders, this money would allow the agreement to move forward,” Spanel said. For more than 10 years, Blanchard Mountain has been the subject of controversy over whether to preserve the area or allow the forests to be harvested since the timber production provides money for schools and services. Recently, a solution was agreed upon allowing the dome of the mountain to be protected in exchange for the remainder to be managed as a working forest with harvests allowed.

Lopez Hill is one of the largest single undeveloped parcels remaining on Lopez Island. It is a 400-acre tract situated on the highest point of the island. According to Spanel, the funding of the Department of Natural Resources Trust Land Lease Transfer Program would allow for a deposit into the Common School Construction Account which would be available immediately to schools.

"I am hopeful the House of Representatives will include this funding as the budget is negotiated in the days to come," Spanel said.

The Senate and House of Representatives now must reconcile the differences in the budgets before the end of the legislative session, which is scheduled for April 22, 2007.


Reprieve for Lopez and Mitchell Hills

Front row, Bonnie Bunning - Executive Director, Policy & Administration DNR; Doug Sutherland, Commissioner of Public Lands; Tom Cowan, past Lopez Commissioner; Kevin Ranker, San Juan County Councilmember. second row: Lincoln Bormann, Land Bank Director for San Juan County; Stephen Saunders - Asset Planning and Transactions, DNR; Bill Wallace - Region Manager, NW Region, DNR


posted 06/20/2006
Washington State Commissioner of Public Lands Doug Sutherland and staff from the Department of Natural Resources visited San Juan County on Friday, June 16, 2006 to meet with Councilman Kevin Ranker, Land Bank Director Lincoln Bormann, past County Commissioner Tom Cowan and other interested parties to discuss the success of the past 20 years of transferring Department of Natural Resources managed properties to the County and other public entities; and, to develop plans for the remaining five parcels.

"I'm delighted with the working relationship we've developed with San Juan County and look forward to continuing to work together while addressing this issue," said Commissioner Doug Sutherland. While Department of Natural Resources plans to divest of properties not producing revenue for the trusts managed by the agency (mainly the School Trust); the agency will continue to have a significant presence in San Juan County with the fire program, forest practice permits, aquatic land management, and natural area management.

The agreement to work with San Juan County to move out of ownership of twenty-two properties began in the early 1980s. In the past four years, ten properties have been either sold or leased to San Juan County or Washington State Parks. Of the five remaining properties, the two of the most interest are Mitchell Hill on San Juan Island and Lopez Hill on Lopez Island. All parties involved in the meeting on Friday recognized the critical importance of keeping these properties in public ownership.

After a positive discussion regarding different options for keeping these properties in public ownership, it was agreed that pursuing federal options regarding Mitchell Hill and state options for Lopez Hill seemed to be the best route. In recognition of the time it will take to get federal legislation and funding and/or state funding to purchase the properties, Commissioner Sutherland agreed to grant an additional three to four years for the county and the community to work through the process. The Department of Natural Resources will assist where possible. "It is obvious to me that Commissioner Sutherland is committed to helping our communities preserve these beautiful areas for the public," said Councilman Ranker. "The agreement we reached Friday, giving us additional time and committing to work together, is a positive step in the right direction," he concluded.


Friends of Mitchell Hill meeting May 10

posted 05/10/06
The Washington State Department of Natural Resources has been trying to divest itself of state trust lands in San Juan County. Recently it came to light that two treasured properties, Mitchell Hill on San Juan Island, and Lopez Hill on Lopez were being considered for exchange to a private land developer. The Friends of Mitchell Hill, will be holding an informational and organizational meeting this Wednesday May 10th at 7 pm in the Macmillan Room (below the restaurant) at Roche Harbor Resort. If you are interested in helping preserve public access to this property, please try to attend.

The many users of both properties are deeply concerned, and are organizing to make sure the DNR understands the value local citizens place on continued access to these properties and to work toward a long term solution. Additional information is available at http://groups.yahoo.com/group/mitchell_hill


Land swap could give Lopez Hill and Mitchell Hill to billionaire developer

posted 04/19/2006
The state Departement of Natural Resources is working on a land swap with billionaire land developer Tim Blixseth. DNR would end up with timber land in eastern Washington which it could log, Blixseth could end up with the 400-acre Lopez Hill and the 320-acre Mitchell Hill property.

San Juan County Land Bank Director Lincoln Bormann and Parks Director Dona Wuthnow encouraged the county councilmembers to contact the state Commissioner of Lands Doug Sutherland and the Governor about the implications this will have for the county.

DNR has been working to get rid of its Trust Lands in the county for the past several years. The properties were supposed to produce revenue which was to be used to help pay for school construction. Some of the properties have been sold. Last year the Land Bank purchased trust lands on Orcas and Shaw islands.

The National Park Service wanted to expand into the Mitchell Hill property. A bill in Congress to change English Camp's boundaries has not made it out of committee. Bormann is hoping some kind of lease arrangement can be made to keep the property available for the NPS until Congress passes legislation.

A public hearing would need to be held before a land swap is done. The Board of Natural Resources and the Commissioner of Public Lands would need to approve it. The governor would also need to approve it.

A New York Times magazine article about Tim Blixseth "Club Med for Millionaire set" is available online.


County buys state land

posted 01/04/05
San Juan County Land Bank purchased two former School Trust Lands on Orcas and Shaw Islands from the state Department of Natural Resources last week. Commissioner of Public Lands, Doug Sutherland has said the proceeds will be used "to generate revenue for the School Trust Fund which is used for construction of schools."

The 40-acre Diamond Hill parcel overlooking Eastsound consists of woodland and open meadows. The Land Bank will encumber the property with a conservation easement and resell it. Only one residence will be allowed to be built on it. The Land Bank paid $255,000 for the parcel.

The 30-acre Shaw Island property features wooded uplands,wetlands and an eagle roosting site. The parcel is adjacent to a "forever wild" preserve. The Land Bank will resell the property after placing appropriate conservation easements on it. The Land Bank paid $300,000 for the parcel.


Less school trust lands = more park land

posted 04/28/04
An effort to use School Trust Lands more profitably will result in more state park and national park property in San Juan County. Washington Department of Natural Resources Northwest Regional Manager Bill Wallace updated the Board of County Commissioners on the status of the DNR-managed School Trust Lands located in San Juan County Tuesday, April 27, 2004. "A lot of these sites are better suited to state parks or county ownership," he said.

Two years ago, Commissioner of Public Lands Doug Sutherland said it was time to do move forward with transfers or sales of the properties. Proceeds from the sales and land acquired through transfers would be used to generate revenue for the School Trust Fund which is used for construction of schools. The county submitted a plan to Sutherland in 2002.

Five of the eight sites scheduled to be transferred or sold in 2004, will go to the county. One will be auctioned and two will go to state parks. Properties, such as the five-acre property on Center Island, which were acquired through IAC funding can be transferred without compensation.

The Shark Reef Road property does not have any public value according to Land Bank Director Dennis Shaffer and will be auctioned off to the highest bidder.

Wallace said DNR would like the State Parks to become the owner of Obstruction Pass and Point Lawrence. At this time, the way that would happen is not known.

The chart below shows the status of the 17 properties on the list.

Proposed Near-term Transactions 2004
site acres Proposed type of transaction Possible purchaser/owner Proposed timing
Shark Reef 38 Trust Land Transfer San Juan County Seek Board of Natural Resources approval June 2004
Diamond Hill 40 Direct Sale San Juan County Land Bank Seek BNR approval May/June 2004
Cady Mountain 40 Direct Sale San Juan County Land Bank Seek BNR approval May/June 2004
Shaw Island 30 Direct Sale San Juan County Land Bank Seek BNR approval May/June 2004
Shark Reef Road 39 Public Auction Highest bidder Seek BNR approval for sale at public auction May 2004
Griffin Bay 15 Transfer of fee ownership to State Parks State Parks Summer/Fall 2004
Bella Tierra 23 Transfer of fee ownership to State Parks State Parks Summer/Fall 2004
Center 5 Transfer of fee ownership to San Juan County San Juan County Summer/Fall 2004
Proposed Future Transactions (2005-2007)
site acres Proposed type of transaction Possible purchaser/owner Proposed timing
Cormorant Bay 31. Direct sale or transfer San Juan County Seek opportunities for transaction 2005-2007 biennium
Odlin South 106 Direct sale or transfer San Juan County Seek opportunities for transaction 2005-2007 biennium
Mitchell Hill 320 Seek potential direct sale or exchange opportunities National Park Service Seek opportunities for transaction 2005-2007 biennium
Blakely East 225 Seek potential direct sale or exchange opportunities Unknown Seek opportunities for transaction 2005-2007 biennium
Lopez Hill 400 Seek potential direct sale or exchange opportunities San Juan County Seek opportunities for transaction 2005-2007 biennium
Point Lawrence 109 Direct sale or transfer State Parks  
Obstruction Pass 83 Direct sale or transfer State Parks Appraisal being reviewed

DNR Open House April 27, 2004 in Friday Harbor

posted 04/23/04
Washington Department of Natural Resources (DNR) invites the public to an open house where information will be provided about the potential transfer and sale of various state trust land properties in San Juan County to other public landowners. The open house will be held from 3to 6:30 p.m. Tuesday, April 27, 2004 at Mullis Senior Center, 589 Nash Street, in Friday Harbor on San Juan Island.

At the open house, DNR will display maps of the parcels and discuss potential transactions; and the work of two decades exploring moving trust properties to more appropriate ownership - mostly other public ownership.

DNR manages several state Common School trust properties in the San Juan Islands for the purpose of providing income to trust beneficiaries. School trust lands help pay for construction of kindergarten through-12th grade public schools statewide. However, the properties in San Juan County were identified as beneficial for other public uses, including recreation and open space.

"These potential transactions can provide open space and funding for schools," said Doug Sutherland, Commissioner of Public Lands. "We are poised to accomplish multiple goals through a true partnership with San Juan County. These school trust lands are not in a good location for us to manage them to earn revenue through timber harvest or other natural resource management. The potential transfer of these trust parcels would allow us to take the proceeds to purchase productive assets to continuously earn income to build public schools. And the Islands will acquire valuable public open space."

DNR's cooperative planning with San Juan County began more than 20 years ago. Beginning in 1984 they jointly developed the San Juan Islands Trust Lands Management Plan, adopted as a part of the county's Comprehensive Plan. DNR is consulting with the County and other local, state and federal agencies to determine which might best be suited to acquire ownership of each of the identified trust properties. DNR is working with them and private partners on appropriate strategies to enable the purchase of the parcels from the Common School trust.

Representatives of federal Bureau of Land Management, National Park Service, and Washington State Parks have been invited to the open house.

DNR and state trust lands
DNR manages about 3 million acres of state-owned forest, agricultural lands and commercial properties for long-term benefits to current and future trust beneficiaries and other residents of the state. Since 1970, management of trust lands has produced more than $5.5 billion in revenue, reducing the need for taxes to pay for public projects and services.

State-owned trust lands are to be managed to produce income to build schools, universities, prisons, state mental hospitals, community colleges, and help fund local services in many counties and the state general fund. Trust lands provide habitat for myriad native plants and animals, and provide recreational and educational opportunities to more than 9 million people each year.


County new owner of old growth forest

posted 03/31/03
The state Department of Resources transferred ownership of 38 acres of property on Cormorant Bay on Orcas Island to the county last week. The transfer is part of the 2001-2003 Biennium Trust Land Transfer Program.

The property belonged to the School Trust Lands. Proceeds from the lands are used to help pay for school construction. The Cormorant Bay property is not possible to manage for income production according to a DNR report because it is small, isolated, steep and has no legal access. In addition trust management in the San Juan Islands is extremely difficult to public dissension.

The Cormorant Bay property was the only county land of the 18 properties on the transfer list. There is no cost to the county. The Trust is reimbursed for the value of the timber. An amount equal to the appraised value of the land will be used to purchase other property which will produce income for the fund.

According to report, the property contains a stand of old-growth forest (more than 200 years old) and a rare plant community listed in the Natural Heritage Plan as a high priority for protection. It is of high quality and high ecological diversity, with land cover ranging from madrona to grand fir to cedar to a grassy headland. The property contains more than 1300 feet of rocky shoreline.

The county is working with DNR regarding the possible transfer of other trust lands. Land Bank Director Dennis Schaffer told the commissioners last week there have been meetings and conference calls.

Commissioner Rhea Miller said, "We have done our homework, we're waiting on DNR."


County proposes DNR land package

posted 09/11/02
San Juan County's response to the Department of Natural Resources need to generate revenue from trust lands is being sent to Commissioner of Public Lands Doug Sutherland. San Juan County Land Bank Director Dennis Schaffer and County Planning Director Laura Arnold presented the draft proposal to the BOCC at their Sept. 10, 2002 meeting.

The county is requesting from DNR an agreement to pursue the package with the various agencies named. If Sutherland agrees, a series of community meetings would be held to solicit public input.


PRELIMINARY DRAFT PACKAGE PLAN
FOR DISTRIBUTION OF DEPARTMENT OF
NATURAL RESOURCES PARCELS IN SAN JUAN COUNTY
San Juan Island
site acres assessed valuation Management Plan Recommendation Potential Recipient
Mitchell Hill 320 $1,405,440 Multiple use with forest managment National Park Service land exchange
Cady Mountain 40 $237,060 Community Acquistion SJC Land Bank (fee purchase for resale with easement)
Griffin Bay 15 $603,150 Recreation - Boat Access Only (IAC) State Parks (no compensation required)
Cattle Point 97 $1,634,280 Natural Recreation/Conservation Area DNR: management Agreement with National Park Service
Orcas Island
site acres assessed valuation Management Plan Recommendation Potential Recipient
Point Doughty 56.6 $2,593,450 Natural Area Program DNR: management Agreement with State Parks for management
Point Lawrence 109 $4,726,110 Community Acquisition State Parks (trust land transfer program; Bureau of Land Managment trade)
Obstruction Pass 83 $1,530,920 Recreation with Forest Management State Parks (trust land transfer program)
Cormorant Bay 31. $511,700 Community Acquistion SJC Land Bank (trust land transfer program)
Diamond Hill 40 $352,790 Community Acquisition SJC Land Bank (fee purchase for resale with easement)
Lopez Island
site acres assessed valuation Management Plan Recommendation Potential Recipient
Bella Tierra 23 $981,160 Develop for Recreation (IAC) State Parks (no compensation required)
Odlin South 106 $457,740 Multiple Use with forest management SJC (trust land transfer program)
Lopez Hill 400 $1,790,460 Multiple Use with forest management Bureau of Land Management land exchange
Shark Reef 38 $1,126,150 Joint Management for Recreation SJC; State Parks (trust land transfer program)
Shark Reef Road 39 $370,550 Forest Management Public Auction/private ownership
Other Islands
site acres assessed valuation Management Plan Recommendation Potential Recipient
Shaw Island 30 $150,500 Sale/Trade for Conservation SJC Land Bank (fee purchase for resale with easement)
Blakely East 225 $1,903,727 Sale/Trade for Conservation Bureau of Land Management land exchange
Thatcher 7 $$282,660 Sale/Trade for Conservation DNR to hold (state aquatic land)
Center 5 $321,630 Sell or Trade for Recreation (IAC site) SJC; State Parks (no compensation required)
TOTAL 1,635 $20,979,477    

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."

SAN JUAN ISLANDS TRUST LANDS MANAGEMENT STATUS 2001
San Juan Island
site acres year acquired classification
Mitchell Hill 320 1889 School Trust
Cady Mountatin 40 1958 School Trust
Griffin Bay 14.8 1972 Recreation
Cattle Point Rec. Site 14 1972 School Trust
Cattle Pt./Mt. Finlayson 83 1959 School Trust
Orcas Island
site acres year acquired classification
Point Doughty 56.5 1962 School Trust
Point Lawrence 108 1963 School Trust
Obstruction Pass 83 1889 School Trust
Cormorant Bay 31.4 1889 School Trust
Diamond Hill 40 1958 School Trust
Lopez Island
site acres year acquired classification
Bella Tierra 20 1975 Recreation
Odlin South 106 1959/1961 School Trust
Lopez Hill 400 1889 School Trust
Shark Reef 38 38 School Trust
Shark Reef Road 39 1958 School Trust
Other Islands
site acres year acquired classification
Shaw Island 30 1959 School Trust
Blakely East 225 1965 School Trust
Thatcher 7 1975 Tideland
Center 5 1975 Recreation

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