Arizona preserve initiative;
nominated land
HB 2264 allows the State Land Commissioner to classify trust land suitable for conservation in an area with a development plan approved prior to July 26, 1996.
A proposed strike-everything amendment to HB 2264 (same subject) will
be offered in the Natural Resources & Agriculture Committee. The proposed strike-everything amendment
would allow specific lands in Maricopa County to be classified as trust land
suitable for conservation.
The 1910 Enabling Act created the Arizona State Land Department to manage state trust lands and resources to enhance value and optimize economic return for the trust beneficiaries. Revenues derived from lands managed by the Department benefit numerous educational, health and penal institutions.
Laws 1996, Chapter 347 established the Arizona Preserve Initiative (API) to create a process for the State Land Commissioner to determine whether to classify state trust lands as suitable for conservation purposes. Trust lands under consideration must be located within a certain proximity to urban areas and may be classified as suitable for conservation purposes based on open space value, scenic beauty, protected plants, wildlife, archaeology and multiple use values.
After nominating lands for reclassification, the Commissioner is required to mail a notice of intent to reclassify the land, including notice of the public hearing to consider the matter, to existing lessees, local and regional planning authorities and owners of property located within 300 feet of the trust land. In determining whether reclassification is in the best interest of the trust, the Commissioner must consult with affected local governing boards, consider recommendations of the Conservation Advisory Committee and testimony offered at the public hearing, physical and economic interests and the mineral potential of the land. Decisions by the Commissioner can be appealed to the Board of Appeals. Existing leases may not be canceled or impaired as a result of the reclassification.
Current law prohibits the Commissioner from nominating or classifying trust land as suitable for conservation purposes if a development plan for the land was approved before July 26, 1996.
· Permits the State Land Commissioner to classify specific lands in Maricopa County with an existing development plan as “suitable for conservation” under the Arizona Preserve Initiative. Exempts this area from language that currently prohibits consideration of land that has a development plan approved before July 26, 1996.