Assigned to NRRA & APPROP                                                                                                             AS ENACTED

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FINAL AMENDED

FACT SHEET FOR S.B. 1550

copper state park

Purpose

Establishes a rock climbing state park if certain conditions are met.

Background

            Oak Flat is a popular rock climbing and outdoor recreation area near Superior, Arizona.  Resolution Copper Company owns mining rights to lands adjacent to the Oak Flat campground area and it is planning to mine the ore body found below the surface there, which may lead to eventual subsidence on the surface.  Resolution Copper Company is trying to obtain a 3,025 acre parcel of federal land that includes the Oak Flat campground area through a congressional land exchange agreement.  

            As part of the land exchange, the Arizona State Parks Board (Board) would receive approximately 2,480 acres of federal, private and state trust land east of Kearney, Arizona, and approximately 20 miles southeast of Oak Flat.  S.B. 1550 requires the Board to make this area a rock climbing state park.

            The Board estimates that it will cost $6,500,000 to develop the park and approximately $250,000 to $350,000 annually for operation.  The Board expects a portion of the capital costs to be born by Resolution Copper Company.  The balance of capital costs to be born by the Board is undetermined at this time.  The Board anticipates that park revenues will be utilized for operating expenses.

Provisions

1. Requires the Board to establish a rock climbing state park subject to certain lands being conveyed to the Board, the establishment of a park access road and the transfer of a public access easement to the Board.

2. Allows the Board to add up to 500 acres of land to the rock climbing state park without additional legislative appropriation.

3. Allows the Board to charge user fees and concession fees and collect monies from other revenue generating activities, to be deposited in the State Parks Enhancement Fund.

4. Allows the Board to accept gifts and donations for acquiring, managing and operating the park, to be collected in the State Parks Fund and accounted for separately.

5. Requires the Board to use its best efforts to prevent trespass onto private lands adjacent to the park boundaries.

6. Requires the Board to provide owners access to their private lands within the park boundaries.

7. Stipulates that creation of the park does not create any new permitting, management or regulatory requirements on any lands or activities outside of the park boundaries.

8. Stipulates that mining and mining related activities outside of the park do not create a cause of action for any injuries sustained by any person inside the park.

9. Provides legislative intent.

10. Makes technical and clarifying changes.

11. Becomes effective on the general effective date.

Amendments Adopted by NRRA Committee

1. Removes private lands from the lands that must be conveyed to establish the state park.

2. Requires the Board to use its best efforts to prevent trespass onto private lands adjacent to the park boundaries.

3. Requires the Board to provide owners access to their private lands within the park boundaries.

4. Requires the Board to be responsible for identifying and closing adits and tunnels within the park boundaries.

5. Stipulates that creation of the park does not create any new permitting, management or regulatory requirements on any lands or activities outside of the park boundaries.

6. Stipulates that activities outside of the park boundaries shall not create a cause of action for any injuries sustained by any person inside the park.

7. Provides legislative intent.

8. Makes technical and clarifying changes.

Amendments Adopted by the House of Representatives

1. Allows the Board to add up to 500 acres of land to the rock climbing state park without additional legislative authorization.

2. Removes a requirement that the Board be responsible for identifying and closing mine adits and tunnels within the park boundaries.

3. Stipulates that mining and mining related activities used for mining the rock climbing state park, rather than activities carried out by current and future users of lands outside the state park, do not create a cause of action for any injuries sustained by a person within the boundaries of the state park.

Amendments Adopted by Conference Committee

· Clarifies that the liability waiver is only for mining activities occurring outside of the park.

Senate Action House Action

NRRA             2/15/06     DPA     5-0-2                     NRA               3/27/06     DPA     7-1-0-2-0

APPROP         2/21/06     DP        10-0-1                   APPROP(P)    4/5/06       DPA     12-0-1-2-0

3rd Read         3/14/06                  27-2-0-0-1             3rd Read         5/24/06                  39-14-7-0

Final Read       6/20/06                  22-6-2-0                Final Read       6/20/06                  48-8-4-0

Signed by the Governor

Chapter 393

Prepared by Senate Research

June 23, 2006

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