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Mining enactments, Trust Land ballot measure

By dmc-admin

Published: July 21, 2006 at 1:00 am

The following is a list of mining enactments passed by the 47th Legislature and signed by Governor Napolitano. HCR2045 was placed on the ballot by lawmakers.
CH 193 H 2508 MINES &
MINERAL RESOURCES DEPT
The statutory life of the Department of Mines and Mineral Resources is extended until July 1, 2016. Additionally, various changes in statutes authorizing the establishment and specifying the duties of the Dept of Mines and Mineral Resources, including a stipulation that a claim or action against the department must be brought against the state and not against the department, its board of governors, or any employee individually. Duties of the department are expanded to include advocating for the development of mines, assisting other governmental agencies to identify and develop mineral resources, and operating the Mining and Mineral Museum, including authority to charge admission, operate the gift shop and employ a museum curator. The board of governors is empowered to enter into agreements with international organizations, agencies of foreign governments and other entities, both public and private. The director is authorized to receive and hold confidential information considered a “trade secret.” Retroactive to July 1, 2006.
CH 319 H 2033 MINE INSPECTOR APPROPRIATION; EXEMPTION
A 2005 session law provision that authorized monies collected by the state mine inspector between Jan 1, 2006, and July 1, 2006, for submission of reclamation plans be appropriated to the inspector for the purposes of plan review and evaluation is extended one year to July 1, 2007. Changes in Laws 2006, Chapter 267 (H2317) that stated mined land reclamation activities include those regulated pursuant to mined land reclamation and aggregate mined land reclamation statutes are repealed. Effective June 15, 2006.
HCR2045 STATE TRUST
LAND REFORM
The 2006 general election ballot is to carry the question of whether to amend various articles of the state constitution to modify the requirement that state trust land must be sold to the highest bidder at public auction. Land in urban areas that was classified for conservation purposes before Jan 1, 2005, (as part of the Arizona Preserve Initiative) may be sold without advertisement or auction to a city or county.The Legislature must prescribe a procedure for designatingother lands that were part of the API but which were not classified as suitable for conservation purposes. Other trust land in an urban area (defined) may be conveyed as conservation lands to a government entity only upon compensation to the trust land permanent fund in a manner to be determined by the Legislature. Disputes are to be resolved in a manner decided by the Legislature. Up to 400,000 acres of trust land not in an urban area may be designated by the Legislature as reserved for conservation. Trust land designated for conservation or conveyed to a government entity for conservation purposes are restricted against development, must be managed in a manner consistent with conservation and are subject to reasonable public access. In an urban area, trust land may be used for commercial purposes if the plan was developed in consultation with local government. If the development is in conflict with parts of the plan developed by local government, the dispute is to be resolved in a manner determined by the Legislature. The development plan may include additional trust land to be designated for conservation if by doing so there is sufficient enhancement in the value of the land to be developed to at least equal the value of the additional land designated for conservation. Trust land within an urban area may be conveyed to a governmental entity for certain easements and public rights-of-way or if it was classified suitable for conservation before Jan 1, 2005. This amendment is conditional on Congress amending the Arizona – New Mexico [Statehood] Enabling Act by Dec 31, 2008. Also this amendment would self-repeal if the Conserving Arizona’s Future ballot initiative passes.

ARIZONA LEGISLATIVE REPORT

Mining enactments, Trust Land ballot measure

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