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REFERENCE TITLE: federal acquisition; state lands; monitoring |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2700 |
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Introduced by Representatives Thorpe: Gowan, Lesko, Senator Melvin
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AN ACT
Amending Title 37, chapter 2, article 17, Arizona Revised Statutes, by adding section 37-620.03; relating to public lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2, article 17, Arizona Revised Statutes, is amended by adding section 37-620.03, to read:
37-620.03. State lands acquired by federal government; monitoring by state land department; report
The state land department shall:
1. Identify the state lands that have been acquired by the federal government after statehood, including state lands that are located within national monuments designated pursuant to the antiquities act of 1906 (34 Stat. 225; 16 United States Code 431) and the impact that the acquisition of state lands by the federal government has on the trust beneficiaries.
2. Coordinate with the governor's office to select a third party to assess the short-term and long-term financial impacts that the current and any future acquisition of state lands by the federal government has on the state and the trust beneficiaries, including any loss of revenue. The third party shall notify the attorney general of its findings.
3. Monitor federal activity for proposals to sell or transfer federal land to a private group or individual or to designate national monuments in this state.
4. Submit any comments or feedback necessary to the federal government regarding the acquisition of state lands by the federal government.
5. Provide information regarding the impact of the acquisition of state lands by the federal government in this state to the state, county, city or town, including any tax implications.
6. Notify the attorney general when state lands or private lands are acquired by the federal government. The attorney general shall determine whether there has been a violation of federal law and if legal action is reasonably necessary to recover the land and to protect the trust beneficiaries and the private property rights of the people of this state.
7. Inform the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate natural resources and rural affairs committee and the house of representatives energy, environment and natural resources committee, or their successor committees, if state land is acquired by the federal government and of issues relating to the designation of national monuments in this state, including the impact on state trust lands and the trust beneficiaries.
8. Submit a report of its findings and recommendations relating to the acquisition of state lands by the federal government to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year and provide a copy of this report to the secretary of state.
Sec. 2. Findings
The legislature finds, determines and declares that a large percentage of lands in this state are currently held by the federal government. This is an attack on the sovereignty of this state and has a negative impact on the taxing ability of the counties, cities and towns located in this state. The negative impact on the counties, cities and towns located in this state becomes even greater as the federal government reduces its payment in lieu of taxes to local governments. The amount of federal land in this state must be reduced, and the federal government should not be able to increase the amount of land it controls in this state.