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HomeMy WebLinkAbout012523 FW_ DNR TLT Legislation (SB 5372) - Action needed prior to 12_30 PM tomorrow_ Thursday_ January 26 ________________________________ From: Scott Mauk Sent: Wednesday, January 25, 2023 9:39:12 AM (UTC-08:00) Pacific Time (US & Canada) To: Heidi Eisenhour Subject: FW: DNR TLT Legislation (SB 5372) - Action needed prior to 12:30 PM tomorrow, Thursday, January 26 ________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ Is this another confusing and misleading group? S From: Washington Communities and Schools Network <info@dnrtrustlands.org> Sent: Wednesday, January 25, 2023 9:34 AM To: Scott Mauk <scott_mauk@csd49.org> Subject: DNR TLT Legislation (SB 5372) - Action needed prior to 12:30 PM tomorrow, Thursday, January 26 View this email in your browser <https://mailchi.mp/0ae7069daa99/dnr-tlt-legislation-sb-5372-action-needed-prior-to-1230-pm-tomorrow-thursday-january-26?e=188e9c8cbb> <https://gallery.mailchimp.com/85ab4a112762c7d747cfa1d19/images/b02fa297-44a6-4745-8c95-37a858e0ef8c.png> Good Morning Scott, The Department of Natural Resources (DNR) has proposed legislation to significantly expand the Trust Land Transfer (TLT) program, which has resulted in the loss of nearly 71,000 acres of state trust lands since its inception. We have serious concerns that the loss of working state trust lands and the economic impacts on rural communities and trust beneficiaries will accelerate under DNR’s proposed legislation. The Senate version of the bill (SB 5372 <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=d2c2435277&e=188e9c8cbb> ) is scheduled for a hearing tomorrow, Tuesday, January 26 at 1:30 PM before the Senate Agriculture, Natural Resources, Water, and Parks Committee <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=48b 153f476&e=188e9c8cbb> . As introduced, SB 5372 does not include key provisions to prevent the continued loss of working state trust lands. It also does not ensure consistency with the state’s fiduciary obligation of undivided loyalty to the beneficiaries, including counties and junior taxing districts. However, we hope to work with the legislative sponsors to secure the necessary changes. The American Forest Resource Council (AFRC) will testify at the hearing and has signed in as “OTHER” based on our desire to work with the prime sponsors to amend the bill. Beneficiary representatives, including the Washington State Association of Counties and the Washington State School Directors Association, have also signed in as “OTHER” and have proposed amendments. Please take a moment to record your position on the legislative website, which must take place no later than 12:30 PM tomorrow. The instructions are below. We recommend either signing in as “OTHER” or “CON.” If you do sign in as “OTHER” we recommend listing your organization/company affiliation to give the Senators a sense of your concern. Below (and HERE <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=4fdcff89a5&e=188e9c8cbb> ) are more background and talking points outlining our concerns and recommendations for the legislation. How to Sign in to record your position on for SB 5372: * Go to the Legislature’s Committee Sign-in Webpage < https://app.leg.wa.gov/csi <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=cc595ef3ab&e=188e9c8cbb> > * Click on Senate * Select the Agriculture, Water, Natural Resources Committee from the drop-down menu (it is the first one) and the date from the drop-down menu (1/26 at 1:30 PM) * Click on the circle next to the bill number (SB 5372) * Select “I would like my position noted for the legislative record” * Enter your contact information and either select “Con” or “Other” as your position on the bill. Trust Land Transfer Legislation Talking Points (SB 5372 <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=4c457ec6cb&e=188e9c8cbb> /HB 1423 <https://dnrtrustlands .us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=e490f3d297&e=188e9c8cbb> /HB 1460 <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=794aeed630&e= 188e9c8cbb> ) Background: The Department of Natural Resources (DNR) has proposed legislation to significantly expand the Trust Land Transfer (TLT) program. The legislation does not include key provisions to prevent the continued loss of working state trust lands. It also does not ensure consistency with the state’s fiduciary obligation of undivided loyalty to the beneficiaries, including counties and junior taxing districts. We hope to work with the legislative sponsors to secure the necessary changes. The TLT program must ensure that DNR receives 100% of the appraised value of TLT parcels so replacement lands can be purchased. Trust Land Transfer transactions have already resulted in the net loss of nearly 71,000 acres of state trust land. The loss of 71,000 acres of state trust lands has had negative impacts on rural economies, current and future generations of trust beneficiaries, and our ability to produce Washington-made, renewable, and carbon-friendly wood products. Any revised TLT program should prevent the further loss of working state trust forestlands. There must be a mechanism to ensure that replacement lands are actually purchased by DNR. Phase 1 of the TLT Proviso Work Group called for the Legislature to create a land bank account that would provide funding for the DNR to proactively purchase replacement lands prior to TLT transactions. This would ensure replacement lands are purchased and allow DNR to strategically secure properties when they become available, including private forestlands at risk of conversion. DNR omitted this key Phase I report recommendation. DNR, in consultation with the impacted beneficiaries, should determine if parcels should be candidates for TLT, not members of the public and special interest groups under DNR’s proposed nomination and advisory group processes. The state’s fiduciary obligation of undivided loyalty to the beneficiaries, which was once again reaffirmed by the Washington State Supreme Court, must be the cornerstone of any TLT program – not the views of the public and interest groups. The primary purpose of TLT should be to reposition trust assets for the benefit of improved revenue generation, consistent with DNR’s fiduciary obligation to trust beneficiaries. DNR’s proposal puts many other purposes ahead of what is in the best interest of the beneficiaries. The proposed TLT “nomination” process will place a significant burden on DNR staff – effectively consuming agency resources and reducing revenue for trust land beneficiaries. It also creates additional controversy at a time when DNR is failing to meet its basic responsibilities such as achieving its sustainable harvest levels or basic silviculture. DNR should continue identifying potential candidate parcels for TLT. Expanding TLT to State Forest Transfer (“county”) trust lands poses significant complexities and should be avoided to the greatest extent practicable. DNR should first attempt to conduct an inter-trust exchange with one of the federal trusts – not only the Common School Trust -- within the same junior taxing district or county as the TLT transaction. This would help avoid the need to purchase replacement lands outside a junior taxing district or county as it is unclear how timber revenues would flow back to affected junior taxing districts. If county trust lands must be subject to a TLT transaction, 100% of the appraised value should be provided for purchasing replacement lands. Counties already have the authority to seek a reconveyance of county trust lands and should not receive funding from trust land transfer transactions. Please feel free to contact me at info@dnrtrustlands.org <mailto:info@dnrtrustlands.org> or 360-352-3910 with any questions. <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=915c2071f8&e=188e9c8cbb> <https://dnrtrustlands.us15.list-manage.com/track/click?u=85ab4a112762c7d747cfa1d19&id=1e7e8f8430&e=188e9c8cbb> Copyright © 2023 Washington Communities and Schools Network, All rights reserved. We are contacting you because you have been identified as a key contact in your beneficiary group. 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