Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.C.M. 2006
federal lands; natural resources; permission
Purpose
Urges the U.S. Congress to enact legislation to require congressional, state and county
approval to alter Arizona federal land and to protect Arizona's natural resource rights.
Background
The Act for the Preservation of American Antiquities (Antiquities Act) authorizes the U.S.
President to acquire and designate federal lands to protect significant natural, cultural, historical
or scientific interests on such lands. The Antiquities Act was signed into law on June 8, 1906, and
has been used to set aside land almost 300 times since its inception. The Antiquities Act established
several tools for archeological resource protection on public lands including: 1) the requirement to
secure permission from federal land managers to conduct archeological investigations and remove
objects from federal lands; 2) penalties upon conviction for unauthorized activities, such as
excavation and removal of objects; 3) the authority to the President of the United States to establish
national monuments from existing federal lands; 4) the authority to the Secretaries of Agriculture,
Interior and War to review and grant permits to qualified institutions; 5) the requirement that
excavated materials be permanently preserved in public museums; and 6) the authority to develop
uniform rules and regulations to carry out the Antiquities Act (U.S. National Parks Service).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Urges the U.S. Congress to enact legislation to protect local economies and to preserve local
customs, cultures and historical uses by prohibiting the federal government from establishing,
authorizing or declaring any new national monument, national park, wildlife refuge,
conservation area, area of critical environmental concern, wild and scenic river, wilderness,
wilderness characteristic area or any other federal reservation or special use designation within
Arizona's border and from withdrawing or reserving any additional federal mineral, land, water
or other national resource rights within Arizona's border unless with:
a) the express authorization of Congress;
b) the express authorization of the Arizona State Legislature, while in session; and
c) the express authorization of the members of the county board of supervisors in all the
counties that would be impacted by the designation, withdrawal or reservation.
2. Urges the U.S. Congress to complete a comprehensive economic impact study that analyzes
the cumulative, tangible and measurable impacts to the national, state and local economies by
the removal of the additional land, water or natural resources from economic production and
that demonstrates the removal of these lands, water or natural resources that represents the
least burdensome and costly method to achieve the desired cultural, historical or environmental
protections. FACT SHEET
H.C.M. 2006
Page 2
3. Specifies that the economic impact statement should include an analysis of the impacts to the
state and local tax base, including property, income and sales tax.
4. Requests that the Secretary of State to transmit copies of this Memorial to the President of the
United States, the President of the U.S. Senate, the Speaker of the U.S. House of
Representatives and each Member of Congress from the State of Arizona.
5. Becomes effective on the general effective date.
House Action
LARA 2/12/24 DP 5-4-0-0
3
rd
Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
RA/KP/slp