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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
public lands; federal government; study
Purpose
Establishes the Arizona Department of Public Land Management (Department), the Public Land Management Fund (Fund), the Joint Legislative Committee on Public Land Management (Committee) and the Joint Study Committee on Forgone Tax Revenue from Public Lands Held by the Federal Government (Study Committee) and outlines membership, requirements and duties. Appropriates $1,000,000 in FY 2020 from the state General Fund (GF) to the Study Committee.
Background
Current statute defines public lands as all lands within the exterior boundaries of Arizona except lands to which title is held by any individual or entity, lands owned or held by the state or any political subdivision, lands located within that meet the standards of congressionally authorized national parks, monuments, national forests and wildlife refuges, lands controlled by a federal agency and lands in an Indian Reservation (A.R.S. § 37-901).
Payments in lieu of taxes (PILT) are payments made annually by the federal government to local governments to help offset losses in property taxes due to nontaxable federal lands within the boundaries of the county (31 U.S.C. Chapter 69). PILT payments are calculated based on population, revenue sharing payments and the amount of nontaxable federal land within the county (U.S. Department of the Interior).
H.B. 2557 appropriates $1,000,000 in FY 2020 from the state GF to the Study Committee.
Provisions
Arizona
Department of Public Land Management (Conditional Enactment)
(Appropriations Committee Amendment)
1. Establishes the Department to manage public lands in Arizona.
2. Requires the Governor to appoint a Director of the Department (Director) who has the necessary administrative and professional ability through education and experience to efficiently and effectively manage the Department and who serves at the pleasure of the Governor.
3. Requires the Director to receive a salary within the range determined by the Arizona Department of Administration for the position.
4. Requires the Director and the Department to:
a) exercise and perform all powers and duties vested in or imposed on the Department;
b) adopt rules necessary to discharge the powers and duties of the Department;
c) subject to the state personnel system, employ administrative, professional, technical, secretarial, clerical and other employees as necessary, prescribe the duties and powers and determine the terms and conditions of employment, and requires employee compensation within determined ranges;
d) contract advisory, consulting and assisting services as reasonably necessary;
e) perform all management and administrative functions assigned or delegated to Arizona by the United States to manage public land pursuant to any agreement with the U.S. Department of Interior (U.S. DOI) or another federal agency;
f) provide management policies and programs for permitted uses of public land;
g) consult with other state agencies that have management responsibility over natural resources in Arizona 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; and
h) partner with state agencies, cities, towns, counties or other political subdivisions of Arizona to prepare coordinated public land policies.
5. Allows the Director to:
a) furnish technical advice to the people of Arizona on public land policies and land management matters; and
b) do all other acts necessary to take advantage of and carry out the provisions of any agreement with the federal government to manage public land.
6. Requires the Department to manage each parcel of public land in Arizona to promote the following uses:
a) domestic livestock grazing;
b) fish and wildlife development and utilization, including hunting, fishing and trapping;
c) mineral exploration and production;
d) rights-of-way;
e) outdoor recreation;
f) timber production; and
g) wilderness conservation.
7. Allows the Director to establish programs to conduct projects, planning, permitting, leasing, contracting and other activities on public land, subject to periodic review by the Committee.
8. Allows the Director to establish by rule applications and fees for public land use permits and leases and requires the Director to deposit fees in the Fund.
9. Terminates the Department on July 1, 2026.
Public Land
Management Fund (Conditional Enactment)
(Appropriations Committee Amendment)
10. Establishes the Fund consisting of monies deposited for public land management use permit and lease fees.
11. Requires the Director to administer the Fund and use the monies in the Fund to implement the management of public land.
12. Allows the Director to accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of the Department.
13. Requires the State Treasurer, on notice from the Director, to invest and divest monies in the Fund and credit monies earned from investment to the Fund.
14. Specifies that monies in the Fund are continuously appropriated and do not revert to the state GF at the end of the FY.
Joint Legislative Committee on Public Land Management (Conditional Enactment) (Appropriations Committee Amendment)
15. Establishes the Committee consisting of the following eight members:
a) three members of the Senate appointed by the President of the Senate (President) with no more than two members from the same political party and one member appointed as cochairperson; and
b) five members of the House of Representatives appointed by the Speaker of the House of Representatives (Speaker) with no more than three members from the same political party and one member appointed as cochairperson.
16. Directs the Committee to convene at least eight times per year.
17. Requires the Committee to study and make recommendations on:
a) the management of public land by Arizona;
b) Arizona's sovereign right to protect the health, safety and welfare of its citizens relating to public land;
c) the appropriate designation of public land that is managed by Arizona, including stewardship of the land and appropriate land uses;
d) the use of monies received from the public lands managed by Arizona.
18. Requires the Committee to receive reports from and make recommendations to the Attorney General and other stakeholders that are involved in litigation on behalf of Arizona's interest in public land that is managed by the state regarding:
a) preparing for potential litigation;
b) selecting outside legal counsel;
c) developing a legal strategy to manage public land; and
d) using monies appropriated by the Legislature to secure the management of public land by the State of Arizona.
19. Directs the Committee to coordinate with and report on the efforts of the executive branch, counties and political subdivisions of Arizona, Arizona's congressional delegation, governors of other western states, other states, federally-recognized Native American tribes and other stakeholders concerning the management of public land in Arizona.
20. Specifies that the Committee has the powers conferred by law on legislative committees.
21. Requires the Legislature to provide staff assistance to the Committee as directed by the President and the Speaker.
22. Requires the Committee to report to the Senate Committee on Natural Resources and Energy, 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.
23. Terminates the Committee on July 1, 2027.
Joint Study Committee on Forgone Tax Revenue from Public Lands Held by the Federal Government
24. Establishes the Study Committee consisting of eight members.
25. Requires the Study Committee to consist of:
a) three members of the Senate appointed by the President with no more than two members from the same political party and one member appointed as cochairperson;
b) three members of the House of Representatives appointed by the Speaker with no more than two members from the same political party and one member appointed as cochairperson;
c) a representative of an association of cities and towns appointed by the Speaker; and
d) a representative of an association of counties appointed by the President.
26. Appropriates $1,000,000 in FY 2020 from the state GF to the Study Committee.
27. Requires the Study Committee to meet on the call of the cochairpersons to review the fiscal impact to Arizona by the federal government's failure to make PILT payments that are equivalent to property tax revenue if the lands were not federally controlled and to make administrative and legislative recommendations about public lands held by the federal government in Arizona and possible future PILT payments.
28. Requires the Study Committee to provide a forum for persons to express their concerns about public lands held by the federal government in Arizona and the federal government's failure to make PILT payments to the state, including the impact of the federal government's failure to make PILT payments on the state's ability to fund education and protect and promote the health, safety and welfare of its residents.
29. Directs the Study Committee to issue a request for proposal for a comprehensive inventory and appraisal of public lands held by the federal government by a qualified licensed appraiser.
30. Requires the Study Committee to make the initial appraisal payment at the time of the award of the proposal equal to 25 percent of the total proposal amount, after the request for proposal is awarded; and to make remaining payments in 25 percent increments according to determined performance milestones.
31. Prohibits the total cost of the comprehensive inventory and appraisal from exceeding $1,000,000.
32. Reverts unused monies to the state GF.
33. Exempts the Study Committee from the statutory requirements of the Arizona Procurement Code.
34. Specifies that Study Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses.
35. Directs the Study Committee to prepare and electronically submit a written report on its findings and recommendations to the Governor, the President and the Speaker on or before December 31, 2021, and provide a copy of the report to the Secretary of State.
36. Allows the Study Committee to use the services of the legislative staff.
37. Repeals the Study Committee on October 1, 2022.
Miscellaneous
38. Defines terms.
39. Repeals the Department statutes on January 1, 2027.
40. Conditions the enactment of this legislation on or before December 31, 2023, if the Governor or the Governor's designee enters into an agreement with DOI or another federal agency relating to the management of public land by the state.
41. Requires the Governor to notify in writing the Director of the Arizona Legislative Council on or before January 31, 2024:
a) of the date on which the condition was met; or
b) that the condition was not met.
42. Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.
Amendments Adopted by the Appropriations Committee
· Establishes the Department, the Fund and the Committee and outlines membership, requirements and duties.
House Action Senate Action
FR 2/6/19 DP 4-3-0-0 NRE 3/27/19 DP 4-3-0
APPROP 2/13/19 DPA 7-4-0-0 APPROP 4/2/19 DPA 6-3-0
3rd Read 2/25/19 31-29-0
Prepared by Senate Research
April 3, 2019
KN/LD/gs