State SealARIZONA HOUSE OF REPRESENTATIVES


 

HB 2547: public lands; management department; committee

PRIME SPONSOR: Representative Finchem, LD 11

BILL STATUS: Caucus & COW

                                Federal Relations:  DP 4-3-0-0-0

 

 

Overview

Conditionally establishes the Arizona Department of Public Land Management (Department) and a related joint legislative committee to study the use and management of state public lands. 

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteHistory

A.R.S. § 37-901 defines public land as all land within the boundaries of Arizona, except for those held in title by any person, corporation, partnership, association of other entity listed; lands owned or held in trust by the state or its political subdivisions, including leased school and university lands; lands that are within the boundaries and meet standards of national parks, monuments, federal forests and wildlife refuges and similarly acquired lands bought, exchanged or gifted and consented to by the Legislature; lands controlled by the U.S. Department of Defense, Department of Energy or Bureau of Reclamation and were acquired by legislative consent; lands held in trust for Indian purposes or Indian reservations.    

In part, A.R.S. § 37-902 requires the Arizona State Land Department (SLD) to hold Arizona public lands in trust to benefit the people of the state and to manage them in an orderly and beneficial manner. The SLD must preserve Arizona's natural resources, wildlife and wilderness areas, historical sites, and permit development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people.

Provisions 

The Department

1.       Establishes the Department to manage the state's public lands.  (Sec. 1) 

2.       Details qualifications of the Director, who is appointed by the Governor and confirmed by the State Senate.  (Sec. 1)

3.       Outlines the powers and duties of the Department, which include:

a)      Adopting administrative rules; employing necessary staff; contracting for services of consultants and advisors; and

b)     Conducting all functions to manage public land when delegated to Arizona by the federal government.  (Sec. 1)

4.       Directs the Department to adopt policies and programs for public land use that include: 

a)      Livestock grazing;

b)     Fishing and wildlife;

c)      Mineral exploration;

d)     Rights-of-way;

e)      Outdoor recreation;

f)       Timber production; and

g)      Wilderness conservation.  (Sec. 1)

5.       Ensures consultation with pertinent state agencies that may be impacted by management decisions (State Land; Forestry/Fire Management; Agriculture; Game and Fish).  (Sec. 1)

6.       Instructs the Department to confer with local experts to prepare coordinated policies. (Sec. 1)

7.       Authorizes the Director, subject to occasional review by the Joint Legislative Committee on Public Land Management (Committee), to hold various activities on public land.  (Sec. 1)

8.       Allows the Director to furnish technical advice on public land matters and carry out the agreement with the federal government regarding managing public lands.  (Sec. 1)

9.       Allows the Director to establish rules for applications and fees for permits and leases.  (Sec. 1)

10.   Sunsets the Department on July 1, 2026 and repeals related statutes on January 1, 2027. (Sec. 3)

 

Public Land Management Fund (Fund)

11.   Appoints the Director to manage the Fund and implement various requirements.  (Sec. 1)

12.   Continuously appropriates monies, with investment monies credited back to the Fund.  (Sec. 1)

13.   Authorizes the Director to accept and spend federal monies and private grants, gifts and contributions that do not revert to the State General Fund at the end of the fiscal year.  (Sec. 1)

The Committee

14.   Establishes the Committee consisting of eight legislative members: three senators, with one member appointed as co-chair by the President of the Senate; and five representatives, with one member appointed as co-chair by the Speaker of the House of Representatives.  (Sec. 2)

15.   Requires the Committee to meet at least eight times annually to make recommendations concerning:

a.       The management of public lands;

b.       Arizona's sovereign right to protect its citizens on public lands;

c.        The specific designation, stewardship and uses of the public lands managed by the state; and

d.       The appropriate use of monies derived from managing the lands.   (Sec. 2)

16.   Instructs the Committee to:

a.       Meet with appropriate personnel at the federal, state and local level, including the executive branch and other stakeholders regarding the management of the state's public lands and report on the efforts and progress; and

b.       Receive reports, use legislatively appropriated monies and make recommendations to the Attorney General and others directly involved regarding litigation, selecting legal counsel and developing a legal strategy to manage Arizona's public land.  (Sec. 2)

17.   Deems the Committee to have the same power and authority as legislative committees and authorizes legislative staff assistance.  (Sec. 2)

18.   Establishes an annual reporting requirement to the Senate Committee on Natural Resources and Energy and the House of Representatives Committee on Federal Relations or their successor committees.  (Sec. 2)

20.  Sunsets the Committee on July 1, 2027.  (Sec. 2)                            

 

 

Miscellaneous

19.   Conditions the enactment on the Governor or a designee entering into an agreement by January 1, 2024 with the U.S. Department of Interior or another pertinent federal agency relating to the management of Arizona public lands.  (Sec. 4) 

20.   Directs the Governor to provide written notification to the director of Legislative Council by February 1, 2024 that:  

a)      the condition was met on a certain date; or

b)     the condition was not met as stated.  (Sec. 4)

c)       

d)      

e)      ---------- DOCUMENT FOOTER ---------

f)       Fifty-fourth Legislature                               HB 2547

g)      First Regular Session                    Version 2: Caucus & COW

h)      

i)       ---------- DOCUMENT FOOTER ---------