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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
federal lands; natural resources; permission
Purpose
Urges the U.S. Congress to enact legislation to require congressional, state and county approval to alter Arizona federal land and to protect Arizona's natural resource rights.
Background
The Act for the Preservation of American Antiquities (Antiquities Act) authorizes the U.S. President to acquire and designate federal lands to protect significant natural, cultural, historical or scientific interests on such lands. The Antiquities Act was signed into law on June 8, 1906, and has been used to set aside land almost 300 times since its inception. The Antiquities Act established several tools for archeological resource protection on public lands including: 1) the requirement to secure permission from federal land managers to conduct archeological investigations and remove objects from federal lands; 2) penalties upon conviction for unauthorized activities, such as excavation and removal of objects; 3) the authority to the President of the United States to establish national monuments from existing federal lands; 4) the authority to the Secretaries of Agriculture, Interior and War to review and grant permits to qualified institutions; 5) the requirement that excavated materials be permanently preserved in public museums; and 6) the authority to develop uniform rules and regulations to carry out the Antiquities Act (U.S. National Parks Service).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Urges the U.S. Congress to enact legislation to protect local economies and to preserve local customs, cultures and historical uses by prohibiting the federal government from establishing, authorizing or declaring any new national monument, national park, wildlife refuge, conservation area, area of critical environmental concern, wild and scenic river, wilderness, wilderness characteristic area or any other federal reservation or special use designation within Arizona's border and from withdrawing or reserving any additional federal mineral, land, water or other national resource rights within Arizona's border unless with:
a) the express authorization of Congress;
b) the express authorization of the Arizona State Legislature, while in session; and
c) the express authorization of the members of the county board of supervisors in all the counties that would be impacted by the designation, withdrawal or reservation.
2. Urges the U.S. Congress to complete a comprehensive economic impact study that analyzes the cumulative, tangible and measurable impacts to the national, state and local economies by the removal of the additional land, water or natural resources from economic production and that demonstrates the removal of these lands, water or natural resources that represents the least burdensome and costly method to achieve the desired cultural, historical or environmental protections.
3. Specifies that the economic impact statement should include an analysis of the impacts to the state and local tax base, including property, income and sales tax.
4. Requests that the Secretary of State to transmit copies of this Memorial to the President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and each Member of Congress from the State of Arizona.
5. Becomes effective on the general effective date.
House Action
LARA 2/12/24 DP 5-4-0-0
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
RA/KP/slp