Arizona 2024 Regular Session

Arizona House Bill HCM2004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		House Engrossed federal land acquisition; acreage return State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE CONCURRENT MEMORIAL 2004 A Concurrent Memorial urging the United States Congress and president to enact legislation that requires the federal government to provide an acre-for-acre offset when acquiring public land. (TEXT OF BILL BEGINS ON NEXT PAGE)
	2	+
	3	+
	4	+
	5	+
2	6
3	7
4	8
5	9		House Engrossed federal land acquisition; acreage return
6	10		State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
7	11		HOUSE CONCURRENT MEMORIAL 2004
8	12
9	13		House Engrossed
10	14
11	15
12	16
13	17		federal land acquisition; acreage return
	18	+
	19	+
14	20
15	21
16	22
17	23
18	24
19	25
20	26
21	27		State of Arizona
22	28
23	29		House of Representatives
24	30
25	31		Fifty-sixth Legislature
26	32
27	33		Second Regular Session
28	34
29	35		2024
30	36
31	37
32	38
33	39
34	40
35	41
36	42
37	43		HOUSE CONCURRENT MEMORIAL 2004
38	44
39	45
40	46
41	47
42	48
43	49
44	50
45	51
46	52
47	53		A Concurrent Memorial
48	54
49	55
50	56
51	57		urging the United States Congress and president to enact legislation that requires the federal government to provide an acre-for-acre offset when acquiring public land.
52	58
53	59
54	60
55	61
56	62
57	63		(TEXT OF BILL BEGINS ON NEXT PAGE)
58	64
59	65
60	66
61	67		To the President and Congress of the United States of America: Your memorialist respectfully represents: Whereas, at the time of Arizona's Enabling Act, the course and practice of the United States Congress with all prior states admitted to the Union had been to fully dispose, within a reasonable time, of all lands within the boundaries of such states, except for those Indian lands, or lands otherwise expressly reserved to the exclusive jurisdiction of the United States; and Whereas, the authority of state and local governments to promote the highest value and use of land is critical to funding education and other essential government services; and Whereas, under the Federal Land Policy and Management Act of 1976, federal land policy changed from one of disposal, in which land would enter the state tax rolls, to permanent federal retention as untaxable public land; and Whereas, nearly 50% of all land in Arizona is already under federal management, and the majority of Arizona's lands are restricted from public access, recreation and economic development; and Whereas, imposing federal preservation management on Arizona lands obstructs this state's land management objectives and principles; and Whereas, the United States Congress empowered the Department of the Interior to acquire any interest in lands, water rights or surface rights to lands, inside or outside of existing reservations, to provide land for tribal governments and individual Indians. Off-reservation lands acquired through these processes potentially raise jurisdictional uncertainties in local communities, complicate land-use planning and provision of services and cause economic consequences for surrounding communities; and Whereas, Arizona should have had total control over its public lands from 1912, plus a reasonable time for disposition of the lands; and Whereas, had the national government disposed of the land in or about 1912, Arizona would have generated, from that point forward, substantial tax revenues to the benefit of its public schools and to the common good of the state; and Whereas, the conservation of wildlife resources is the trust responsibility of the Arizona Game and Fish Commission, and this responsibility extends to all lands within Arizona to ensure abundant wildlife resources for current and future generations; and Whereas, recent federal initiatives attempt to erode property rights, pilfer more public land and redesignate multi-use land as conservation land; and Whereas, Arizona has been damaged by the inordinate cost and substantial uncertainty regarding the national government's infringement on Arizona's sovereign control of public lands within its borders; and Whereas, the greatest threat to the lands of Arizona is the intrusion and overreach of the federal government. Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays: 1. That the United States Congress immediately pass and the President sign legislation that requires the federal government to give one of the following to the applicable county or the state for every acre of county or state land acquired or federal public domain land expressly reserved or withdrawn by the federal government: (a) An acre of land of equal or greater size and value, as determined by the applicable county or the state. (b) In the absence of land of equal or greater size and value, both of the following: (i) Land of a size and value as proximate as possible to the size and value of the acquired, reserved or withdrawn land, as determined by the applicable county or the state. (ii) In lieu payments to the applicable county or the state for the value of the difference, as determined by the applicable county or the state. 2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.
62	68
63	69		To the President and Congress of the United States of America:
64	70
65	71		Your memorialist respectfully represents:
66	72
67	73		Whereas, at the time of Arizona's Enabling Act, the course and practice of the United States Congress with all prior states admitted to the Union had been to fully dispose, within a reasonable time, of all lands within the boundaries of such states, except for those Indian lands, or lands otherwise expressly reserved to the exclusive jurisdiction of the United States; and
68	74
69	75		Whereas, the authority of state and local governments to promote the highest value and use of land is critical to funding education and other essential government services; and
70	76
71	77		Whereas, under the Federal Land Policy and Management Act of 1976, federal land policy changed from one of disposal, in which land would enter the state tax rolls, to permanent federal retention as untaxable public land; and
72	78
73	79		Whereas, nearly 50% of all land in Arizona is already under federal management, and the majority of Arizona's lands are restricted from public access, recreation and economic development; and
74	80
75	81		Whereas, imposing federal preservation management on Arizona lands obstructs this state's land management objectives and principles; and
76	82
77	83		Whereas, the United States Congress empowered the Department of the Interior to acquire any interest in lands, water rights or surface rights to lands, inside or outside of existing reservations, to provide land for tribal governments and individual Indians. Off-reservation lands acquired through these processes potentially raise jurisdictional uncertainties in local communities, complicate land-use planning and provision of services and cause economic consequences for surrounding communities; and
78	84
79	85		Whereas, Arizona should have had total control over its public lands from 1912, plus a reasonable time for disposition of the lands; and
80	86
81	87		Whereas, had the national government disposed of the land in or about 1912, Arizona would have generated, from that point forward, substantial tax revenues to the benefit of its public schools and to the common good of the state; and
82	88
83	89		Whereas, the conservation of wildlife resources is the trust responsibility of the Arizona Game and Fish Commission, and this responsibility extends to all lands within Arizona to ensure abundant wildlife resources for current and future generations; and
84	90
85	91		Whereas, recent federal initiatives attempt to erode property rights, pilfer more public land and redesignate multi-use land as conservation land; and
86	92
87	93		Whereas, Arizona has been damaged by the inordinate cost and substantial uncertainty regarding the national government's infringement on Arizona's sovereign control of public lands within its borders; and
88	94
89	95		Whereas, the greatest threat to the lands of Arizona is the intrusion and overreach of the federal government.
90	96
91	97		Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:
92	98
93	99		1. That the United States Congress immediately pass and the President sign legislation that requires the federal government to give one of the following to the applicable county or the state for every acre of county or state land acquired or federal public domain land expressly reserved or withdrawn by the federal government:
94	100
95	101		(a) An acre of land of equal or greater size and value, as determined by the applicable county or the state.
96	102
97	103		(b) In the absence of land of equal or greater size and value, both of the following:
98	104
99	105		(i) Land of a size and value as proximate as possible to the size and value of the acquired, reserved or withdrawn land, as determined by the applicable county or the state.
100	106
101	107		(ii) In lieu payments to the applicable county or the state for the value of the difference, as determined by the applicable county or the state.
102	108
103	109		2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.
104		-
105		-	PASSED BY THE HOUSE FEBRUARY 28, 20224. PASSED BY THE SENATE APRIL 1, 2024. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2024.
106		-
107		-
108		-
109		-
110		-
111		-
112		-
113		-	PASSED BY THE HOUSE FEBRUARY 28, 20224.
114		-
115		-	PASSED BY THE SENATE APRIL 1, 2024.
116		-
117		-	FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2024.