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REFERENCE TITLE: state trust land; subleases; approval |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2268 |
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Introduced by Representative Marshall
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AN ACT
Amending sections 37-281 and 37-283, Arizona Revised Statutes; relating to the lease of state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-281, Arizona Revised Statutes, is amended to read:
37-281. Lease of state lands for certain purposes without advertising; terms and conditions
A. All state lands are subject to lease or sublease as provided in this article for a term of not more than ten years for agricultural, commercial and homesite purposes, without advertising. The leases or subleases shall be granted according to the constitution, the law and the rules of the state land department.
B. No A lease or sublease shall not be granted as provided by this section without application. All applications for leases or subleases shall be made upon on forms prepared and furnished by the department, shall be signed and sworn to by the applicant or his the applicant's authorized agent or attorney and shall be filed with the department. In lieu of signing and swearing to the application before a notary public or other person who is authorized to take acknowledgments, the applicant may affix his the applicant's signature to the application, accompanied by a certification, under penalty of perjury, that the information and statements made in the application are to the best of his the applicant's knowledge and belief true, correct and complete, and the application shall be accepted as duly executed.
C. Any material false statement or concealment of facts made by an applicant, his the applicant's authorized agent or his the applicant's attorney in the application to lease, which, if known to the department, would have prevented issuance of the lease in the form or to the person issued, shall be grounds for cancellation of a lease issued upon on such application.
D. No A lessee shall not use lands leased to him the lessee except for the purpose for which the lands are leased.
E. No A lessee shall not sublease lands leased to him the lessee without written application to and written permission of the state land department.
F. Except as otherwise provided in this article, a sublessee shall not use state lands subleased to the sublessee except for the purpose for which the lands are leased.
Sec. 2. Section 37-283, Arizona Revised Statutes, is amended to read:
37-283. Subleases by grazing lessee; limitation on grazing use; sublease surcharge
A. A grazing lessee shall not sublease his the grazing lessee's lease or sell or lease pasturage to lands included in his the grazing lessee's lease, without written application to and written permission from the state land department as prescribed in section 37-281. A grazing lessee, his the grazing lessee's sublessee or users under pasturage agreement shall not graze, without written permission of the department, in excess of the carrying capacity as previously determined by the department, upon on state lands under lease or being used by such persons, within the exterior boundaries of any one ranch unit or units in the same general locality jointly operated. If permission is granted for such excess, the department shall assess and collect the rental for the excess on the rental basis provided for in this article.
B. In addition to the annual rental on grazing lands established pursuant to section 37-285, grazing subleases are subject to a surcharge that is equal to twenty-five per cent percent of the annual rental on grazing land, multiplied by the number of animal unit months to be grazed on the subleased state trust land. The surcharge shall be assessed only for that period of time the state trust land is subleased. The surcharge shall be paid to the department when the annual rental is due, or upon on receiving department permission to sublease if the sublease is approved after the annual rental is due.