ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: NREW DP 5-4-0-1

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

HCM2009: subsurface minerals; access; federal policy

Sponsor: Representative Carter P, LD 4

Caucus & COW

Overview

Asks the Congress of the United States and President of the United States and other listed governmental bodies to amend the Antiquities Act of 1906, to quantify and compensate states for the value of state trust subsurface mineral rights and work with certain Federal Offices to develop a plan to eliminate split estate mineral rights where possible.

History

The Antiquities Act of 1906 provides general legal protection of cultural and natural resources of historic or scientific interest on federal lands including penalties upon conviction for unauthorize activities, such as excavation and removal of objects. Currently, no national monument can be expanded or designated in Wyoming except through express authorization of Congress.

A claim is the portion of mining ground held under federal and local law by one claimant by virtue of one location and record; including mining claims and sites deemed abandoned (A.R.S. § 27-301).

Provisions

1.   Requests the following federal entities, including:

a.   the Congress of the United States to:

i. work to amend the Antiquities Act of 1906;

ii.   quantify the amount of state trust subsurface mineral rights that are located under federal land withdrawals and compensate states for the value of those subsurface minerals;

b.   the President of the United States to take policy steps to streamline the permitting process for new mines in the West;

c. Listed Federal Officers to:

i. work with state legislatures, state land departments, the private industry and private land owners to develop a plan to eliminate checkerboard patterns of surface and subsurface estates; and

ii.   rescind certain paragraphs of the Code of Federal Regulations related to the Federal Land Policy Management Act and Stock-Raising Homestead Act.

2.   Directs the Arizona Secretary of State to transmit the memorial to specified individuals.

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6.   Initials CW/HC               HCM 2009

7.   2/13/2026  Page 0 Caucus & COW

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