Arizona 2023 2023 Regular Session

Arizona House Bill HB2411 Comm Sub / Analysis

Filed 03/28/2023

                    Assigned to NREW 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR H.B. 2411 
 
water supply; elimination; reduction; damages  
(NOW: grazing operations; energy projects; compensation) 
Purpose 
Prohibits a business from contracting or subcontracting with a resident or a business in 
Arizona to construct a project that reduces the size of a grazing lessee's grazing operation, unless 
the business compensates the grazing lessee at fair market value for the outlined costs.   
Background 
The Bureau of Land Management (BLM) manages 115 million acres of livestock grazing 
over 21,000 grazing allotments (BLM). Arizona has 841 BLM grazing allotments. Arizona grazing 
leases may only exist for a period of 10 years but are renewable. The grazing lease may be 
cancelled if the lessee does not use the land for the permitted purposes or fails to obtain prior 
authorization from the BLM to suspend use of the land (A.A.C. R12-5-705). BLM grazing leases 
and preferences may be cancelled in whole or part by an authorized BLM officer when: 1) the use 
of the land has changed; 2) there is a change to the level of public lands; or 3) an agreement is 
reached between the lessee and the BLM. Prior to cancellation, the BLM must provide a two-year 
notification to the lessee except in cases of emergency (43 C.F.R. ยง 4110.4-2). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Prohibits a business from contracting or subcontracting with a resident or a business in Arizona 
to construct a project that reduces the size of a grazing lessee's grazing operation, unless the 
business compensates the grazing lessee at fair market value for the:  
a) grazing lessee's loss of profits through the end of the lease term or for five years after the 
size of the grazing lessee's grazing operation is reduced, whichever is less; 
b) loss in value of the grazing lessee's grazing operation; 
c) cost to relocate the grazing lessee's grazing operation; and  
d) cost to mitigate losses due to the reduction of the grazing lessee's grazing operation.  
2. Requires the grazing lessee, before a business compensates the lessee, to provide the business 
with credible evidence that certifies the amount of the expenses.  
3. Defines grazing lessee as a lessee of state lands or federal lands that are leased for grazing 
purposes. 
4. Becomes effective on the general effective date.   FACT SHEET 
H.B. 2411 
Page 2 
 
 
House Action 
TI 2/17/23 DPA/SE 6-5-0-1 
3
rd
 Read 3/22/23  31-29-0 
Prepared by Senate Research 
March 28, 2023 
RA/SF/slp