PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2129
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 37, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 37-325, to read:
37-325. Wood fiber and vegetative natural products program
A. On or before January 1, 2015, the commissioner shall establish a program to facilitate the sale of wood fiber and other vegetative natural products from various land improvement activities, including thinning for fire prevention, eradicating noxious growth on grazing lands and removing natural products for the enhancement of biodiversity. The commissioner shall:
1. Appoint a program administrator.
2. Develop an application for the sale of wood fiber or other vegetative natural products.
3. Identify target areas for the removal of invasive plant species or other vegetative natural products.
4. Identify areas where the harvest of wood fiber or other vegetative natural products will occur.
5. Adopt a set of standards for the removal of wood fiber or other vegetative natural products, including standards for:
(a) Acceptable treatment methods.
(b) The types of machinery and equipment permitted for use.
(c) The consideration of limitations based on slope, wet soil, rocky soil, wildlife habitat and archaeological resources.
(d) The placement of temporary cattle guards, if necessary.
(e) The repair of damaged range improvements.
(f) The rehabilitation of haul roads.
(g) The restoration of ranch roads to a preexisting condition, if necessary.
B. On establishment of the wood fiber and vegetative natural products program, the department shall:
1. Process sales applications.
2. Assist applicants in the process of completing applications.
3. Issue permits for the harvest of wood fiber and other vegetative natural products.
4. Coordinate with grazing lessees on the timing and location of harvests.
5. Coordinate with the Arizona game and fish department on lands considered for harvests.
6. Coordinate with cultural resource specialists on the quality of reports submitted by contract archaeologists.
7. Verify compliance with archaeological leave areas by harvesters.
8. Monitor harvester performance to determine if additional treatment is necessary if permit conditions are not met.
C. The state land department shall factor improvements from thinning projects in the valuation of state lands.
D. Any wood fiber or other vegetative natural product thinned at the direction of the state land department or state forester for the purpose of wildfire prevention must be offered for sale.
E. The proceeds of the sale of wood fiber or other vegetative natural products pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, into the permanent state school fund.
Sec. 2. Section 37-623, Arizona Revised Statutes, is amended to read:
37-623. Suppression of wildfires; powers and duties of state forester; entry on private lands; emergency removal of natural products
A. The state forester shall have authority to prevent and suppress any wildfires on state and private lands located outside incorporated municipalities and, if subject to cooperative agreements, on other lands located in this state or in other states, Mexico or Canada. If there is no cooperative agreement, the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands.
B. In exercising the authority to prevent wildfires, if the state forester declares a prohibition on fire causing activities and fireworks, the state forester shall post a notice of the action in the office of the secretary of state and shall notify the news media. The notice shall clearly state which types of activities are prohibited, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.
C. The state forester shall have responsibility to prevent and suppress wildfires only on lands covered by cooperative fire agreements.
D. The state forester may request the governor to declare a wild land wildland fire emergency pursuant to section 35‑192. If liabilities are authorized under both sections 35‑192 and 37‑623.02, the authorization under section 37‑623.02 must be exhausted before any liabilities may be incurred under section 35‑192.
E. The state forester shall cooperate and coordinate with the state fire marshal in the administration of the state fire code in the prevention of fires on rural lands and wild lands wildlands.
F. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for:
1. Prevention and suppression of wildfires.
2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.
3. Activities pursuant to the wildfire suppression assistance act (P.L. 101‑11; 103 Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada.
G. The state forester may enter private lands in performing the duties under this section.
H. The state forester may enter into agreements to utilize private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.
I. The state forester may conduct emergency removal of natural products on state lands that are in imminent risk of damage from wildfire or to prevent the spread of fire to other public and private lands.
Sec. 3. Appropriation; wood fiber and vegetative natural products program; exemption
A. The sum of $150,000 is appropriated from the state general fund in fiscal year 2014-2015 to the state land department for the purposes of establishing and operating the wood fiber and vegetative natural products program pursuant to section 37-325, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."
Amend title to conform
FRANKLIN M. PRATT |