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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
federal government; land acquisition; consent
Purpose
Requires an escrow agent to notify the President of the Senate and the Speaker of the House of Representatives (House) of the sale or transfer of private real property to the federal government or a federal agency. Requires the Arizona State Land Department (ASLD) to maintain a catalog of all existing or new covered federal designations in Arizona, rather than only national monuments in Arizona.
Background
The federal government may, by cession of particular states and the acceptance of Congress, exercise powers over places purchased by the consent of the Legislature of the state in which the land is purchased for the erection of forts, magazines, arsenals, dock-yards and other needful buildings (U.S. Const. art. 1 § 8, cl. 17).
The ASLD must
maintain a catalog of each existing or newly created national monument in this
state. The ASLD must request, from the federal government: 1) a detailed
accounting of each individual item; 2) the precise global positioning system
location of each item to be protected;
3) the square footage that each item occupies; 4) the total square footage of
the parcel of land comprising the national monument; and 5) a peer-reviewed
justification for the protection of the object by the federal government. The ASLD
must determine whether the limits of a parcel comprising a national monument
are confined to the smallest area compatible with proper care and management of
the objects to be protected by the national monument. If the ASLD determines
that the limits of the parcel are not confined to the smallest area as
outlined, then the ASLD must notify the Attorney General (AG). On receipt of
the notice, the AG may commence an action to confine the limits of the parcel (A.R.S. § 37-620.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an escrow agent, on the opening of escrow for the sale or transfer of title interest of private real property to the federal government or a federal agency, to notify the Speaker of the House and the President of the Senate that a contract for the sale or transfer of private real property to the federal government or a federal agency has been placed in escrow.
2. Requires the ASLD to maintain a catalog of all existing or new covered federal designations in Arizona, rather than only national monuments in Arizona.
3. Expands the information that the ASLD must request from the federal government to include the item of natural, scenic, historical or cultural value or each resource, landscape, species, ecosystem, habitat or characteristic to be protected, rather than only the individual item.
4. Requires the ASLD to notify the President of the Senate and the Speaker of the House, in addition to the AG, if a parcel comprising a covered federal designation is not confined to the smallest area.
5. Allows the President of the Senate and Speaker of the House, in addition to the AG, to commence action to confine the parcel limits.
6. Defines covered federal designation as:
a) an area of critical environmental concern;
b) a national forest;
c) a national park;
d) a national monument;
e) a national wildlife refuge;
f) a national conservation area;
g) a national recreation area;
h) a national scenic area;
i) a national scenic trail;
j) a national historical trial;
k) a national recreation trial;
l) a roadless area;
m) a wild and scenic river;
n) a wilderness area; or
o) a wilderness study area.
7. Designates this legislation as the Tax Base Protection Act.
8. Contains a statement of legislative findings.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendment Adopted by Committee
1. Adds to the exemptions from the requirements relating to the purchase of property by the federal government and the right of first refusal.
2. Exempts a real property transfer approved by the Legislature and the Governor from the prohibition on a county recorder recording a deed that transfers real property to the federal government.
3. Requires the ASLD to maintain a catalog of all existing or newly covered federal designations in Arizona, rather than national monuments.
4. Adds the President of the Senate and the Speaker of the House to the process for commencing an action to confine parcel limits.
5. Adds to the information that the ASLD must request from the federal government regarding a covered federal designation.
6. Defines covered federal designation.
Amendment Adopted by Committee of the Whole
1. Removes the requirement that, for consent to be given for any acquisition of an ownership interest in privately owned real property in Arizona to the federal government, the Governor must sign a joint resolution adopted by an affirmative vote of a majority of the members of the Legislature.
2. Removes the requirement that the state exercise the right of first refusal to purchase private real property that is not approved for sale of transfer to the federal government.
3. Makes technical and confirming changes.
Senate Action
FED 2/9/26 DPA 4-3-0
Prepared by Senate Research
February 16, 2026
AN/TR/ci