House of Representatives

HB 2362

state land department business enhancements

Sponsors: Representatives Flake, Cooley, Gleason, et al

DP	Committee on Natural Resources & Agriculture
DPA	Committee on Environment
x	Caucus and COW
	As Passed the House

HB 2362 modifies the powers and duties of the State Land Department and the Commissioner relating to: approving proposed inclusion of state land within municipal boundaries; methods of collecting fees for disposition of state land; incurring cost and potential reimbursement responsibility regarding evaluation of applications; providing extensions for delinquent state land payments; and notice requirements regarding grazing leases and classification of state trust land as suitable for conservation.

History

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. The Department is organized into six major divisions: Administration and Resources Analysis, Operations, Real Estate, Natural Resources, Fire Management and Asset Management. Revenues derived from lands managed by the Department benefit numerous educational, health and penal institutions.

Provisions

· Allows the Department to use credit and charge cards to collect fees for applications, improvements and permits. (ARS 37-109)

· Allows the State Land Commissioner to ask the Selection Board to reject or approve proposed inclusion of state land within a municipality’s boundary. (ARS 37-202) (This parallels the authority in ARS 9-471 A. 1.)

· Permits the State Land Commissioner to require applicants to pay the cost of evaluating an application to purchase or lease trust land. Requires a bidder in a state land auction to repay the fees incurred by the applicant (if not the same person). The Department will act as the clearinghouse in this situation. If an auction or transaction is cancelled due to a mistake or decision made by the Department, the Department may reimburse all or part of the costs to the applicant. (ARS 37-205)

· Replaces the requirement to read the notice of sale before each sale begins with a requirement to announce relevant information. (ARS 37-238)

· Clarifies the procedure a purchaser may follow to request an extension in order to resolve delinquent payments of principal or interest. Requires the Department to send the notice of default on a certificate of purchase by certified mail rather than registered mail. (ARS 37-247)

· Deletes the provision requiring notification in a newspaper of general statewide circulation for notices of grazing lease expiration. Retains the requirement to post the notice in each Department office and on the Department’s web site, in the office of the County Board of Supervisors where the land is located and in the US Bureau of Land Management Offices where posting is allowed. (ARS 37-281.01)

· Eliminates the requirement for leases of state land to reserve mineral, oil and gas rights to the state. (ARS 37-287)

· Modifies notification requirements for private property owners who have land that is near property being considered for classification as trust land suitable for conservation purposes. Adds a requirement that the notice include a request for written comments within 30 days of the date of the notice. Requires the Commissioner to consult with persons who submitted written comments on the classification plan. (ARS 37-312 F. and J.)

· Makes technical and conforming changes.

HB 2362 passed the NRA Committee unamended.

HB 2362 passed the ENV Committee amended as follows:

· The amendment to ARS 37-281.01 would require that notice of an expiring lease shall be published at least once in a newspaper of general circulation to include:

¨ The number of leases expiring.

¨ The county or counties where the lease is located.

¨ The location of posting where additional information may be obtained.

The newspaper that prints the notice may also post it on an internet website that aggregates legal notices of ten or more Arizona newspapers.

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44th Legislature

Second Regular Session 3 January 30, 2001

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