Washington § 79.15.050 - Type of sale — Direct sales.

(1) Except as provided in subsection (3) of this section, all sales of valuable materials exceeding $25,000 in appraised value must be at public auction or by sealed bid to the highest bidder, provided that on public lands granted to the state for educational purposes sealed bids may be accepted for sales of timber or stone only.

(2) A direct sale of valuable materials may be sold to the applicant for cash at full appraised value without notice or advertising. The board must, by resolution, establish the value amount of a direct sale not to exceed $25,000 in appraised sale value, and establish procedures to ensure that competitive market prices and accountability are guaranteed.

(3) Direct sales of valuable materials up to $250,000 in appraised value may be sold to entities that are utilizing those valuable materials for habitat restoration projects if the following conditions are met:

(a) The department determines the direct sale is in the best interest of the state or the affected trust;

(b) The project proponent has all appropriate permits and approvals required for the habitat restoration project;

(c) The project proponent submits a report as defined by the department describing how the materials will be used in the habitat restoration project;

(d) None of the products may be resold or remanufactured for other uses by the project proponent. Project proponents may use any remaining valuable materials for subsequent habitat restoration projects that meet all of the requirements of this subsection. Any resale or remanufacture of timber is treated as a violation of RCW 79.02.320;

(e) The department appraises the valuable materials to be sold based on an arms-length market value. For purposes of this subsection, an "arms-length market value" means the cost to acquire similar materials used in aquatic restoration projects within the previous 24 months. If the department is unable to determine an arms-length market value, the appraisal shall be based on the average minimum bid for similar quality logs from the previous 12 months of department products sales contract harvest sort auctions under RCW 79.15.540; and

(f) The department collects all required fees, including those required in RCW 79.38.050.

Intent—2003 c 334: See note following RCW 79.02.010.