PREFILED    JAN 10 2019

REFERENCE TITLE: federal land; management department; committee

State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019

HB 2056

Introduced by Representatives Finchem: Roberts

 

AN ACT

 

Amending Title 37, Arizona Revised Statutes, by adding chapter 10; amending Title 41, chapter 7, article 12, Arizona Revised Statutes, by adding section 41-1293; amending Title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3026.04; relating to federal land.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 37, Arizona Revised Statutes, is amended by adding chapter 10, to read:

CHAPTER 10

ARIZONA DEPARTMENT OF FEDERAL LAND MANAGEMENT

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE37-1801.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Department" means the Arizona department of federal land management.

2.  "Director" means the director of the department.

3.  "Public land" means any land or land interest acquired by this state from the United States pursuant to a memorandum of understanding between this state and the United States department of the interior for this state to manage federal public lands. END_STATUTE

START_STATUTE37-1802.  Arizona department of federal land management; director; appointment; qualifications

A.  The Arizona department of federal land management is established to provide for federal land management and facilitate the transfer of federal public lands to this state.

B.  The governor shall appoint a director of the department pursuant to section 38‑211.  The director serves at the pleasure of the governor.

C.  The director shall have the necessary administrative and professional ability through education and experience to efficiently and effectively manage the department.

D.  The director shall receive compensation as determined pursuant to section 38‑611. END_STATUTE

START_STATUTE37-1803.  Powers and duties

A.  The director and the department shall:

1.  Exercise and perform all powers and duties vested in or imposed on the department.

2.  Adopt rules necessary to discharge the powers and duties of the department.

3.  Subject to title 41, chapter 4, article 4, employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary to perform the department's duties. The compensation of department employees shall be as determined pursuant to section 38-611.

4.  Contract for the services of outside advisors, consultants and aides as may be reasonably necessary.

5.  Perform all management and administrative functions assigned or delegated to this state by the United States relating to managing public land that is transferred to this state.

6.  Provide management policies and programs for the uses of public land as prescribed in section 37‑1804.

7.  Consult with other state agencies that have management responsibility over natural resources in this state that may be impacted by management decisions and actions on public land, including the state land department, the Arizona Department of forestry and fire management, the Arizona department of agriculture and the Arizona game and fish department.

8.  Partner with state agencies, cities, towns, counties or other political subdivisions of this state to prepare coordinated public land policies.

B.  The director may:

1.  Furnish technical advice to the people of this state on public land policies and land management matters.

2.  Do all other acts necessary to take advantage of and carry out the provisions of the memorandum of understanding with the federal government relating to transferring and managing federal public lands. END_STATUTE

START_STATUTE37-1804.  Federal public land management; uses

A.  The department shall manage each parcel of public land in this state to promote the following uses:

1.  Domestic livestock grazing.

2.  Fish and wildlife development and utilization, including hunting, fishing and trapping.

3.  Mineral exploration and production.

4.  Rights-of-way.

5.  Outdoor recreation.

6.  Timber production.

7.  Wilderness conservation.

B.  The director, subject to periodic review by the joint legislative committee on federal land management established by section 41-1293, may establish programs to conduct projects, planning, permitting, leasing, contracting and other activities on public land. END_STATUTE

START_STATUTE37-1805.  Applications and fees for use permits and leases

The director may establish by rule applications and fees for permits and leases related to public land uses prescribed in section 37‑1804.  The director shall deposit, pursuant to sections 35‑146 and 35‑147, all fees received pursuant to this section in the federal public land management fund established by section 37‑1806. END_STATUTE

START_STATUTE37-1806.  Federal public land management fund

A.  The federal public land management fund is established consisting of monies deposited pursuant to this chapter. The director shall administer the fund and use the monies in the fund to implement this chapter.  Monies in the fund are continuously appropriated.

B.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

C.  The director may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter.  These monies do not revert to the state general fund at the end of the fiscal year. END_STATUTE

Sec. 2.  Title 41, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 41-1293, to read:

START_STATUTE41-1293.  Joint legislative committee on federal land management; committee termination

A.  The joint legislative committee on federal land management is established consisting of the following eight members:

1.  Three members of the Senate who are appointed by the president of the senate, not more than two of whom are from the same political party.  The president of the senate shall designate one member as cochairperson.

2.  Five members of the house of representatives who are appointed by the speaker of the house of representatives, not more than four of whom are from the same political party. The speaker of the house of representatives shall designate one member as cochairperson.

B.  The committee shall:

1.  Convene at least eight times each year.

2.  Study and make recommendations on the following:

(a)  The transfer of federally controlled public land to this state.

(b)  This state's sovereign right to protect the health, safety and welfare of its citizens as it relates to public land.

(c)  The appropriate designation of public land that is transferred to this state, including stewardship of the land and appropriate uses of the land.

(d)  The use of monies received by this state from the public land that is transferred to this state.

3.  Coordinate with and report on the efforts of the executive branch, counties and political subdivisions of this state, the congressional delegation of this state, governors of other western states, other states and other stakeholders concerning the transfer of federally controlled public land to this state.

4.  Receive reports from and make recommendations to the attorney general and other stakeholders that are involved in litigation on behalf of this state's interest in public land that is transferred to this state regarding:

(a)  Preparing for potential litigation.

(b)  Selecting outside legal counsel.

(c)  Developing a legal strategy to transfer public land.

(d)  Using monies appropriated by the legislature to secure the transfer of public land to this state.

C.  The joint legislative committee on federal land management has the powers conferred by law on legislative committees.

D.  The legislature shall provide staff assistance to the committee as directed by the president of the senate and the speaker of the house of representatives.

E.  The joint legislative committee on federal land management shall report to the senate committee on natural resources and agriculture, or its successor committee, and the house of representatives committee on federal relations, or its successor committee, on or before November 30 of each year.

F.  The committee established by this section ends on July 1, 2027 pursuant to section 41‑3103. END_STATUTE

Sec. 3.  Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3026.04, to read:

START_STATUTE41-3026.04.  Arizona department of federal land management; termination July 1, 2026

A.  The Arizona department of federal land management terminates on July 1, 2026.

B.  Title 37, chapter 10 and this section are repealed on January 1, 2027. END_STATUTE

Sec. 4.  Conditional enactment; notice

A.  Title 37, chapter 10, Arizona Revised Statutes, as added by this act, and section 41‑3026.04, Arizona Revised Statutes, as added by this act, do not become effective unless on or before December 31, 2023 the governor of this state, or the governor's designee, enters into a memorandum of understanding with the United States department of the interior relating to the transfer or management of federal public lands by this state.

B.  The governor shall notify in writing the director of the Arizona legislative council on or before January 31, 2024 either:

1.  Of the date on which the condition was met.

2.  That the condition was not met.