REFERENCE TITLE: public lands; conveyance and taxation

State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015

HB 2321

Introduced by Representatives Barton: Thorpe

 

AN ACT

 

Amending title 37, chapter 5, article 1, Arizona Revised Statutes, by adding section 37-902.01; 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 5, article 1, Arizona Revised Statutes, is amended by adding section 37-902.01, to read:

START_STATUTE37-902.01.  Disposition and taxation of public lands; definition

A.  On or before December 31, 2016, the United States shall extinguish title to all public lands in and transfer title to this state.

B.  If this state sells public lands to which this state received title under subsection A of this section, this state shall:

1.  Retain five percent of the net proceeds of the sale for deposit in the permanent state school fund.

2.  Pay ninety-five percent of the net proceeds of the sale to the United States.

C.  Beginning in 2017, all public lands to which the United States has not extinguished and transferred title to this state under subsection A of this section are subject to assessment, levy and taxation pursuant to title 42, chapters 11, 12, 13, 14, 15, 16, 17 and 18.

D.  For the purposes of this section, "net proceeds" means the gross proceeds from the sale of public lands minus expenses incident to the sale. END_STATUTE

Sec. 2.  Public lands board of review; report

A.  The public lands board of review established by section 37-904, Arizona Revised Statutes, shall recommend legislation:

1.  Establishing a commission to administer the disposal of public lands, as defined in section 37-901, Arizona Revised Statutes.

2.  Modifying, as necessary, the definition of public lands.

3.  Establishing a process for determining interests, rights or uses related to:

(a)  Easements.

(b)  Minerals, oil, gas, geothermal, timber, water and other natural resources.

(c)  Livestock grazing.

(d)  Mining.

(e)  Recreation.

(f)  Rights of entry.

(g)  Special uses.

4.  Establishing the process for:

(a)  The United States to extinguish title to public lands.

(b)  This state to receive title to public lands from the United States.

(c)  This state to sell public lands pursuant to section 37-902.01, Arizona Revised Statutes.

5.  Establishing procedures and requirements for subjecting unsold public lands to assessment, levy and taxation, including the lien, foreclosure and sale of public lands for unpaid taxes.

6.  Establishing other requirements related to national forests, national monuments, national recreation areas and other public lands administered by the United States.

B.  The public lands board of review shall report its findings to the governor, the president of the senate and speaker of the house of representatives on or before November 30, 2017.