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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 4014: state land; foreign entities; prohibition
Sponsor: Representative Kupper, LD 25
Committee on Federalism, Military Affairs & Elections
Overview
Prohibits the Arizona State Land Department (ASLD) from conveying any state land that is located within 10 miles of critical infrastructure. Outlines new disclosure requirements for the conveyance of such state land. Requires review of certain offers for state land by the ASLD Commissioner and the Attorney General.
History
Established in 1915, ASLD currently manages approximately 9.2 million acres of State Trust lands which were granted to the state at statehood. These lands are held in trust and are managed for the sole purpose of generating revenue for the 13 state land beneficiaries. ASLD is not a regulatory agency but is the trustee of the state's trust land and its natural resources (ASLD).
ASLD administers laws related to lands owned by, belonging to and under control of the state, which includes both trust land and sovereign land. ASLD also manages and controls the products and uses of state land including timber, stone, gravel, grazing and farming. The ASLD Commissioner's (Commissioner) duties include making plans for the future use of state lands in cooperation with other state agencies, local planning authorities and political subdivisions to promote the infill and orderly development of state lands in areas beneficial to the trust and to prevent urban sprawl (A.R.S. §§ 37-102, 37-132).
Provisions
1. Prohibits ASLD from conveying to a foreign-controlled entity, including through indirect acquisitions and U.S.-based proxies, any state land that is located within 10 miles of critical infrastructure unless both of the following apply:
a. the Attorney General (AG) has reviewed the conveyance in consultation with applicable federal authorities; and
b. the AG and applicable federal authorities determine that the conveyance poses no national security risk. (Sec. 1)
2. Requires each person that submits an offer or application for a conveyance of state land that is located within 10 miles of critical infrastructure to do either of the following:
a. disclose any foreign affiliation, including any ownership or control by foreign nationals or foreign governments; or
b. submit a signed affidavit attesting that the person does not have any foreign affiliation. (Sec. 1)
3. Outlines that any person that makes a false statement or fails to disclose a foreign affiliation in the outlined disclosure or affidavit is subject to prosecution for perjury pursuant to Arizona Criminal Code. (Sec. 1)
4. Requires the Commissioner to forward any offer of conveyance for state land that is located within 10 miles of critical infrastructure that may involve a foreign-controlled entity to the AG for review and investigation. (Sec. 1)
5. Directs the AG to review the information and make a determination of foreign affiliation or control within 45 days after receipt of the information from the Commissioner. (Sec. 1)
6. Specifies that the AG's review must examine the following:
a. the offeror's ties to foreign governments;
b. the potential impact of the conveyance on supply chains or critical infrastructure; and
c. the offeror's alignment with federal threat assessments, including support for nonstate actors designated as international terrorism organizations by the U.S. Department of State. (Sec. 1)
7. Allows a person that offers or applies for a conveyance of state land and that the AG determines has a foreign affiliation to challenge the AG's determination in Superior Court. (Sec. 1)
8. Outlines criminal and civil penalties for any person that:
a. buys or receives an interest in state land that is located within 10 miles of critical infrastructure and that has a foreign affiliation; or
b. purposefully circumvents the specified disclosure provisions. (Sec. 1)
9. Allows the AG to investigate violations of the act and requires the AG to seek a court order for the divestment of any affected state land within 180 days after a conviction. (Sec. 1)
10. Requires the AG to deposit any proceeds from the divestments in the state land trust and deposit any civil penalties collected pursuant to the act, minus administrative costs, in the state General Fund. (Sec. 1)
11. Mandates a person that owns an interest in state land or former state land that is located within 10 miles of critical infrastructure and that has a foreign affiliation to register annually with ASLD. (Sec. 1)
12. Allows a person that owns an interest in state land or former state land that is located within 10 miles of critical infrastructure and that has a foreign affiliation to retain the state lands without penalty or required divestment, unless the AG determines the ownership of the state land is a threat to national security. (Sec. 1)
13. Outlines the act's applicability. (Sec. 1)
14. Defines pertinent terms. (Sec. 1)
15. Contains a legislative findings clause. (Sec. 2)
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19. Initials GG HB 4014
20. 2/16/2026 Page 0 Federalism, Military Affairs & Elections
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