STATES DEMANDING THEIR RIGHTS (AND LAND!) FROM THE FED

ARIZONA TRIES TO TAKE BACK THEIR LAND FROM THE FED

State of Arizona
Senate
Fiftieth Legislature
Second Regular Session
2012
SENATE BILL 1332
AN ACT
AMENDING TITLE 37, CHAPTER 5, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING
SECTION 37-902.01; RELATING TO PUBLIC LANDS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
S.B. 1332
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Title 37, chapter 5, article 1, Arizona Revised Statutes,
3 is amended by adding section 37-902.01, to read:
4 37-902.01. Disposition of public lands; definition
5 A. ON OR BEFORE DECEMBER 31, 2014, THE STATE OF ARIZONA DEMANDS THAT
6 THE UNITED STATES EXTINGUISH TITLE TO ALL PUBLIC LANDS IN AND TRANSFER TITLE
7 TO THIS STATE.
8 B. IF THIS STATE SELLS PUBLIC LANDS TO WHICH THE STATE RECEIVED TITLE
9 UNDER SUBSECTION A OF THIS SECTION, THIS STATE SHALL:
10 1. RETAIN FIVE PER CENT OF THE NET PROCEEDS OF THE SALE FOR DEPOSIT IN
11 THE PERMANENT STATE SCHOOL FUND.
12 2. PAY NINETY-FIVE PER CENT OF THE NET PROCEEDS OF THE SALE TO THE
13 UNITED STATES.
14 C. FOR THE PURPOSES OF THIS SECTION, "NET PROCEEDS" MEANS THE GROSS
15 PROCEEDS FROM THE SALE OF PUBLIC LANDS LESS EXPENSES INCIDENT TO THE SALE.
16 D. FOR THE PURPOSES OF THIS SECTION, NOTWITHSTANDING SECTION 37-901,
17 PARAGRAPH 2, SUBDIVISION (c), NATIONAL MONUMENTS, NATIONAL FORESTS AND
18 WILDLIFE REFUGES ARE "PUBLIC LANDS".
19 Sec. 2. Public lands board of review; study
20 A. The public lands board of review established by section 37-904,
21 Arizona Revised Statutes, shall recommend legislation:
22 1. Creating a commission to administer the disposal of public lands,
23 as defined in section 37-901, Arizona Revised Statutes.
24 2. Modifying, as necessary, the definition of public lands.
25 3. Establishing a process for determining interests, rights or uses
26 related to:
27 (a) Easements.
28 (b) Minerals, oil, gas, geothermal, timber, water and other natural
29 resources.
30 (c) Livestock grazing.
31 (d) Mining.
32 (e) Recreation.
33 (f) Rights of entry.
34 (g) Special uses.
35 4. Establishing the conditions under which this state may cede land to
36 the federal government for national park and recreational purposes,
37 including:
38 (a) Circumstances under which the land shall revert to this state.
39 (b) The retention of interests, rights or uses.
40 (c) Whether this state should retain the authority to:
41 (i) Assess and levy taxes, assessments or charges on activities
42 conducted within the national park.
43 (ii) Exercise civil or criminal jurisdiction over the property.
S.B. 1332
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UTAH TRIES TO TAKE THEIR LAND BACK FROM THE FED

Utah filed first - the Utah bill is mirrored by this Arizona Bill.  We are awaiting the actual bill language from Utah - we will post it as soon as we get it.