A.R.S. tit. 37 ch. 1 — Arizona Revised Statutes Title 37 Chapter 1 — State Agencies And Officers

37-101. Definitions In this title, unless the context otherwise requires: 1. "Agricultural lands" means lands which are used or can be used principally for: (a) Raising crops, fruits, grains and similar farm products. (b) Algaculture. For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae. 2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G. 3. "Commercial lands" means lands which can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way. 4. "Commissioner" means the state land commissioner. 5. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage. 6. "Department" means the state land department. 7. "Grazing lands" means lands which can be used only for the ranging of livestock. 8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development. 9. "Homesite lands" means lands which are suitable for residential purposes. 10. "Improvements" means anything permanent in character which is the result of labor or capital expended by the lessee or his predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, and which has enhanced the value of the land. 11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which are constructed or located on state lands and which are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities. 12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which is responsible for the provision of these facilities and services. 13. "Leased school or university land" means school or university land for which a lease has been issued by the state, or the territory of Arizona, under which the lessee retains rights. 14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area. 15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases. 16. "Section of land" means an area of land consisting of six hundred forty acres. 17. "State lands" means any land owned or held in trust, or otherwise, by the state, including leased school or university land. 18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease. 19. "Urban lands" means any state lands which are adjoining existing commercially or homesite developed lands and which are either: (a) Within the corporate boundaries of a city or town. (b) Adjacent to the corporate boundaries of a city or town. (c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01. 20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question. 37-102. State land department; powers and duties A. The state land department shall administer all laws relating to lands owned by, belonging to and under the control of this state. B. The department shall have primary oversight of all lands owned by this state, and timber, stone, gravel and other products of such lands, except lands under the specific use and control of state institutions and the products of such lands. C. The department, in the name of this state, may commence, prosecute and defend all actions and proceedings to protect the interest of this state in lands within this state or the proceeds of lands within this state. Actions shall be commenced and prosecuted at the request of the department by the attorney general, a county attorney or a special counsel under the direction of the attorney general. D. The department shall be the official representative of this state in any communication between this state and the United States government in all matters respecting state lands or any interest of this state in or to the public lands within this state. If the matter involves a federal land withdrawal or reservation or the federal government's acquisition of nonfederally controlled land, the department shall cooperate and seek the advice of the president of the senate and the speaker of the house of representatives on the communication. E. The summons in any action against this state respecting any lands of this state or the products of such lands and all notices concerning such lands or products shall be served on the commissioner. Summonses, warrants or legal notices served on behalf of the department may be served by the commissioner or the commissioner's deputy or by the sheriff or a constable of any county of this state. F. The department shall maintain as a public record in each of the department's offices a public docket and index of all matters before the department that may be subject to appeal to the board of appeals or to the courts and all sale, exchange and lease transactions subject to bidding by the public. The department shall list a matter on the public docket immediately after an application or other request for department action is received by the department. The department shall include in the public docket every formal action and decision affecting each matter in question. The department shall establish by rule a means by which any person may obtain a copy of the public docket at the current copying cost. G. The department shall reappraise or update the department's original appraisal of property to be leased, exchanged or sold if the board of appeals' approval of the lease or sale occurred more than two hundred forty days before the auction. H. To the extent possible, the state land department shall: 1. Prepare maps of the ancillary military facilities described in section 28-8461, paragraph 7, subdivisions (b) and (c). 2. Make a map of the ancillary military facility described in section 28-8461, paragraph 7, subdivision (a) available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department. 3. On receipt of proper information from the military installation commander with responsibility for the military electronics range, prepare a map of the military electronics range as defined in section 9-500.28 and make that map available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department. Within ninety days after receipt of notice of any change in the boundaries of the military electronics range from the military installation commander, the state land department shall revise its map and provide the map to the public and to the state real estate department. 4. On or before December 31, 2024 and on receipt of proper information from the applicable military installation's and range's and Arizona national guard site's commanders, prepare electronic legal descriptions and maps of the military installation and range and Arizona national guard site and their respective influence areas as defined in sections 9-500.50 and 11-818.01 and provide the legal descriptions and maps to the state real estate department and the public. The state land department shall make changes to the boundaries of the military installation and range and Arizona national guard site and their respective influence areas and provide them to the state real estate department and the public within ninety days after receipt of those changes from the military installation's and range's and Arizona national guard site's commanders. I. The department shall: 1. Unless mutually agreed on by the department and the lessee, restrict the use of a holdover provision for a lease or permit to not more than ninety days. 2. Unless mutually agreed on by the department and the lessee, restrict the use of special land use permits to only temporary land uses that do not have a dedicated land use lease or permit. The department shall issue a special land use permit only for a set time frame enumerated in the special land use permit. The department may not cancel a special land use permit unless the special land use permittee violates the terms of the special land use permit. 3. Use publicly posted criteria that are created by the department and posted on the department's website and determine the administrative completeness of all applications that the department receives pursuant to state law. An application is subject to withdrawal if the applicant does not respond to a written and electronic notice of deficiency or request for additional information within three months after the notice or request. After the three-month period, the department shall issue a final notice that states the application is withdrawn if the applicant does not respond in thirty days. 4. Make available to the public on the department's website all boilerplate lease, patent, addendum, application and other instrument conditions and obligations that the department requires in a lease, patent, addendum or other instrument for the use, possession, occupancy, lease or conveyance of state lands. The department may not include any term, condition or obligation in an instrument for the use, possession, occupancy, lease or conveyance of state lands that is not authorized by statute, that is more stringent than statute. J. The state land department shall provide each map and the legal description of the boundaries of each ancillary military facility described in section 28-8461, paragraph 7 in electronic format to the state real estate department. Each map prepared by the state land department pursuant to this section shall: 1. Describe the ancillary military facility, the territory in the vicinity of the ancillary military facility and the high noise and accident potential zone, accident potential zone one and accident potential zone two associated with the ancillary military facility. 2. Be submitted to the county in which the ancillary military facility is located. 3. Be made available to the public. K. The state land department shall prepare a military training route map. The map shall contain military training route numbers in this state that are used by various United States armed forces. The map shall be dated. L. When preparing the military training route map, the state land department shall use information contained in the most current department of defense publication that is entitled "area planning military training routes for North and South America". M. The military training route map shall be made available to the public. N. Within ninety days after the department is notified of a change of a military training route in this state, the department shall prepare a revised military training route map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military training route changes. The state land department shall send the revised map and an accompanying letter specifying the military training route changes to the municipalities affected by the changes and to all counties. O. The department shall submit the military training route map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county. P. The state land department shall provide the legal description of the boundaries of the military training routes as delineated in the military training route map to the state real estate department in electronic format. Q. The state land department shall prepare a military restricted airspace map. The map shall contain military restricted airspace in this state that is used by various United States armed forces. The map shall be dated. R. When preparing the military restricted airspace map, the state land department shall use information contained in the most current department of transportation publication that is entitled "aeronautical chart". S. The military restricted airspace map shall be made available in printed or electronic format to the public at the state land department and at the state real estate department. T. Within ninety days after the department is notified of a change of military restricted airspace in this state, the department shall prepare a revised military restricted airspace map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military restricted airspace changes. The state land department shall send the revised map and an accompanying letter specifying the military restricted airspace changes to the municipalities affected by the changes and to all counties. U. The department shall submit the military restricted airspace map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county. V. The state land department shall provide the legal description of the boundaries of the military restricted airspace as delineated in the military restricted airspace map to the state real estate department in electronic format. W. The department may accept title to and manage real estate, property rights and related infrastructure acquired pursuant to section 26-262, subsection K for preserving or enhancing military installations in this state. 37-103. Seal of state land department The state land department shall have a seal, and it shall be affixed with the signature of the state land commissioner to all instruments of conveyance, leases, certificates and other official acts. The signature of the commissioner and seal of the department upon the original or copy of any paper, plat, map or document from the state land department shall impart verity thereto. 37-104. Power to make and accept conveyances of real property A. The state land department may accept conveyances to the state of real property or any interest therein whether by gift, in trust, or otherwise, and containing terms, conditions or requirements deemed proper by the department. B. Conveyances may be accepted for the purposes, among others, of establishing and maintaining airports and landing fields, with uses necessary or incidental thereto, proving grounds, testing grounds, and in addition but without limitation, war projects necessary to state or national defense, upon terms and conditions reasonable or necessary. The department may enter into arrangements, agreements or leases for the establishment, operation or maintenance of such projects with agencies of the United States or with any person, firm or corporation. C. The department may lease, dedicate, convey or otherwise transfer state lands unless otherwise leased, subject to constitutional limitations, to agencies of the United States or to any person, firm or corporation, upon terms and conditions necessary and proper, for the purpose of establishing, maintaining or conducting airports and landing fields and uses necessary or incidental thereto, proving grounds, testing grounds, and in addition but without limitation, war projects necessary to state or national defense. 37-105. Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or an irrigation district organized and existing under the laws of the state, which is served wholly or partially by a federal reclamation project, to include lands owned by the state or belonging to any institution of the state within the project and to agree to pay as much of the cost of the project as becomes due on account of such lands. B. The department, after state lands are included within the project, may guarantee the payment of and may pay to the United States or the irrigation district the full amount of district or reclamation assessments or charges against the state lands at any time the assessments or charges become delinquent. C. Nothing in this section shall be construed as creating a lien upon state lands or against the interest of the state therein, or as creating an obligation of the state to pay any charges, assessments or debts incurred by any district other than those described in this section. 37-106. Federal reclamation trust fund A. There shall be a federal reclamation trust fund of which the state treasurer shall be custodian. Payments made by the state land department for the assessments or charges authorized to be paid by the department under section 37-105, and payments received by him as reimbursements therefor, shall be drawn from and credited to the federal reclamation trust fund. B. The fund shall not revert to the general fund, and shall not be subject to the provisions of title 35, chapter 1. 37-106.01. Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or a multi-county water conservation district, organized under title 48, chapter 22, or both, for the purchase and delivery of water from the central Arizona project for use for municipal and industrial purposes on state lands within such district and to agree to pay therefor an amount equal to that paid by other municipal and industrial users under the project for comparable quantities. B. The quantity of water for which the department is authorized to contract shall not exceed one hundred thousand acre-feet per annum diverted from the aqueduct system between the Colorado River and the Salt river, and one hundred thousand acre-feet per annum diverted from the system south of the Salt river. C. All or any part of the rights to water acquired by the department under any such contract may be sold, assigned and transferred to any lessee or purchaser of any of the state lands on which such water has been or is to be used or to any provider of permanent municipal water service to those lands. The department shall not make the purchase or use of central Arizona project water by the lessee a condition to renewal of a lease of state land or by the purchaser or lessee in a sale or new lease where mining of groundwater from state lands will not be involved. The transferee of any rights to water under this subsection must have or obtain before the transfer a contract with either or both the United States or a multi-county water conservation district for service of central Arizona project water for municipal and industrial use. The transferee shall reimburse the department, on a pro rata basis, for all costs and charges, including capital costs and administrative expenses, incurred by the department, as of the time of transfer, under its contract for the purchase and delivery of central Arizona project water under subsection A of this section. D. The cost of central Arizona project water shall be paid from revenues derived from the transfer of water rights acquired by the department under its contract and from revenues from the sale of central Arizona project municipal and industrial water or, in the event such revenues are not sufficient, such cost shall be a charge against the state, providing such contract does not violate article IX, section 5, Constitution of Arizona. Nothing in this section shall be construed as creating a lien upon state lands or against the interest of the state therein or as creating an obligation of the state to pay any charges, costs, assessments or debts other than those described in this section. E. Before the selection board allocates central Arizona project water to specific state trust lands the department, with the board's approval, may enter into interim contracts to sell unallocated central Arizona project water for municipal and industrial uses on state or any other land subject to a determination by a multi-county water conservation district that the proposed action complies with the terms of the applicable subcontract and the central Arizona project master repayment contract and subject to approval of the director of the department of water resources. Purchasers of water under this subsection shall reimburse the department, on a pro rata basis, for all costs and charges, including capital costs and administrative expenses, incurred by the department under its contract for the purchase and delivery of central Arizona project water under subsection A of this section. F. The department, with the approval of the state selection board, may enter into contracts to undertake or authorize the storage of central Arizona project water for which the department has signed a municipal and industrial water service subcontract, but that the department has not otherwise allocated for use. A person with whom the department contracts shall pay to a multi-county water conservation district all applicable operation, maintenance and replacement charges established under the provisions of title 48, chapter 22 and associated with any water stored, but shall not be responsible for capital costs paid by the department pursuant to its contracts with the multi-county water conservation district. Each contract between the department and another person for water storage shall specify that the water storage permit holder for the stored water shall assign to the department a share of any long-term storage credits accrued pursuant to the permit and that the department's share of the long-term storage credits shall be negotiated based on the proportion of the costs incurred by the department in the water storage. The department may sell long-term storage credits for the benefit of the state trust land at the appraised fair market value of the credits. In undertaking water storage pursuant to this subsection, the department and the persons with whom it contracts shall comply with all of the provisions of title 45, chapter 3.1. For the purposes of this subsection, "water storage", "long-term storage credit" and "water storage permit" have the same meanings prescribed in section 45-802.01. G. The department shall deposit, pursuant to sections 35-146 and 35-147, revenues from the transfer of water rights under subsection C of this section and from the sale of water under subsection E of this section, except for monies attributable to reimbursement of administrative expenses, in the central Arizona project municipal and industrial repayment fund established by section 37-526. Monies attributable to reimbursement of administrative expenses, under both subsections C and E of this section, shall be deposited in the state general fund pursuant to sections 35-146 and 35-147. 37-107. Fees; accounts A. The commissioner shall prescribe by rule application, permit, transaction, appraisal, service, filing and document fees for transactions related to the selling, leasing, annexation, conveyance, exchange, right-of-way and use of state lands or products of state lands managed by the department. Before adopting any rule setting or changing a fee under this section, the commissioner must submit the proposed fee amount to the joint legislative budget committee for review. The commissioner shall deposit the revenues derived from the fees in the trust land management fund pursuant to section 37-527. B. The commissioner may establish selling and administrative fees, which may include: 1. Up to three per cent of the consideration paid for all lands and improvements sold or long-term leased. 2. Zoning application fees paid by the department to rezone land. 3. Legal advertising expenses required by law and paid by the department. C. The revenues derived from the fees established pursuant to subsection B of this section shall be deposited as follows: 1. The revenues derived from the fees collected pursuant to subsection B, paragraph 1 of this section, less any amounts paid as brokerage fees pursuant to section 37-132, subsection B, paragraph 2, shall be deposited in the trust land management fund pursuant to section 37-527. 2. The monies collected pursuant to subsection B, paragraph 2 of this section as actual costs of zoning application fees paid by the department to rezone lands shall be deposited in a separate account of the state land department fund designated as the zoning application fee account. Monies in the account shall be used to pay zoning application fees if developing lands require rezoning by the jurisdiction in which the lands are located. The commissioner shall administer the account. 3. The monies collected under subsection B, paragraph 3 of this section, subsection D of this section and application evaluation and processing costs pursuant to section 37-205, subsection A shall be deposited in separate accounts of the state land department fund to be used to pay costs of legal advertising, costs of appraisals required by the enabling act, by the Constitution of Arizona or by statute and the costs of evaluating and processing applications. The commissioner shall administer the accounts. On notice from the commissioner, the state treasurer shall invest and divest monies in the state land department fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. D. The commissioner may require or allow prepayment for the estimated cost of an appraisal required pursuant to section 27-234 and this title. The commissioner shall deposit and administer prepayment monies as provided by subsection C, paragraph 3 of this section. The commissioner shall use monies accepted pursuant to this subsection to conduct contract appraisals. If an auction is held and an applicant who has prepaid the estimated cost of an appraisal or paid an appraisal fee is not the successful bidder, the successful bidder shall reimburse the applicant either for the actual cost of the appraisal or for the appraisal fee, whichever was paid. If the commissioner proceeds to auction on the commissioner's initiative, the successful bidder at auction shall reimburse the department for the actual cost of the appraisal, if there was a contract appraisal, or pay the appraisal fee if a contract appraisal was not obtained. Nothing in this subsection: 1. Requires the commissioner to offer any land at auction or for lease. 2. Requires the commissioner to reimburse an applicant if the land is not auctioned or leased. 3. Affects the status of any other application pending an appraisal. E. Except as provided under section 37-205, fees paid under this section are not refundable to the applicant, regardless of the outcome of the application. 37-108. Court actions related to natural resources projects; remedies; account; definition A. In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources project as a result of the injunction, including any of the following: 1. Costs relating to fire suppression. 2. Costs relating to flooding or damage to the watershed. 3. Costs relating to the damage or loss of natural resources or real property. B. Any monetary damages awarded by the court pursuant to subsection A of this section shall be deposited in an account established and managed by the department for the purpose of paying for the costs incurred as a result of the injunction, including the costs identified in subsection A of this section. C. For the purposes of this section, "natural resources project" includes any project that reduces the risk of catastrophic fire or loss from erosion, flooding and landslides or that protects watersheds. 37-109. Alternative payment methods At the commissioner's sole discretion, the commissioner may accept fees imposed pursuant to section 37-107 by alternative payment methods, including credit and charge cards, pursuant to section 35-142, subsection J, debit cards and electronic funds transfers or other alternative payment methods, pursuant to section 35-315, but the department is not obligated to accept any payment using an alternative payment method. 37-110. Due diligence fund; exemption; reversion A. The due diligence fund is established. The commissioner may use monies in the fund to pay the department's costs of evaluating and processing applications and otherwise preparing lands for sales, leases, rights-of-way or other use permits. B. The fund consists of legislative appropriations and reimbursements to the department by winning bidders for the department's costs of advance due diligence investigations and analyses pursuant to subsection A of this section. Monies in the fund are subject to legislative appropriation. C. The commissioner shall administer the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations, except that all monies in the fund exceeding $5,000,000 at any time revert to the state general fund. 37-131. State land commissioner; appointment; term; removal; compensation A. There shall be a state land commissioner who shall be the executive officer of the state land department. B. The commissioner shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. C. The commissioner shall receive compensation as determined pursuant to section 38-611. 37-132. Powers and duties A. The commissioner shall: 1. Exercise and perform all powers and duties vested in or imposed on the department and prescribe such rules as are necessary to discharge those duties. 2. Exercise the powers of surveyor-general except for the powers of the surveyor-general exercised by the state treasurer as a member of the selection board pursuant to section 37-202. 3. Make long-range plans for the future use of state lands in cooperation with other state agencies, local planning authorities and political subdivisions. 4. Promote the infill and orderly development of state lands in areas beneficial to the trust and prevent urban sprawl or leapfrog development on state lands. 5. Classify and appraise all state lands, together with the improvements on state lands, for the purpose of sale, lease or grant of rights-of-way. The commissioner may impose such conditions and covenants and make such reservations in the sale of state lands as the commissioner deems to be in the best interest of the state trust. The provisions of this paragraph are subject to hearing procedures pursuant to title 41, chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, are subject to judicial review pursuant to title 12, chapter 7, article 6. 6. Have authority to lease for grazing, agricultural, homesite or other purposes, except commercial, all land owned or held in trust by this state. 7. Have authority to lease for commercial purposes and sell all land owned or held in trust by this state, but any such lease for a term longer than ten years for commercial purposes or any such sale shall first be approved by the board of appeals. 8. Except as otherwise provided, determine all disputes, grievances or other questions pertaining to the administration of state lands. 9. Appoint deputies and other assistants and employees necessary to perform the duties of the department and assign their duties subject to title 41, chapter 4, article 4 and require of them such surety bonds as the commissioner deems proper. The compensation of the deputy, assistants or employees shall be as determined pursuant to section 38-611. 10. Make a written report to the governor annually, not later than September 1, disclosing in detail the activities of the department for the preceding fiscal year and publish it for distribution. The report shall include an evaluation of auctions of state land leases held during the preceding fiscal year considering the advantages and disadvantages to the state trust of the existence and exercise of preferred rights to lease reclassified state land. 11. Withdraw state land from surface or subsurface sales or lease applications if the commissioner deems it to be in the best interest of the trust. This closure of state lands to new applications for sale or lease does not affect the rights that existing lessees have under law for renewal of their leases and reimbursement for improvements. B. The commissioner may: 1. Take evidence relating to, and may require of the various county officers information on, any matter that the commissioner has the power to investigate or determine. 2. Under such rules as the commissioner adopts, use private real estate brokers to assist in any sale or long-term lease of state land and pay, from fees collected under section 37-107, subsection B, paragraph 1, a commission to a broker that is licensed pursuant to title 32, chapter 20 and that provides the purchaser or lessee at auction. The purchaser or lessee at auction is not eligible to receive a commission pursuant to this paragraph. A commission shall not be paid on a sale or a long-term lease if the purchaser or lessee is a political subdivision of this state. 3. Require a permittee, lessee or grantee to post a surety bond or any form of collateral deemed sufficient by the commissioner for performance or restoration purposes. The commissioner shall use the proceeds of a bond or collateral only for the purposes determined at the time the bond or collateral is posted. For agricultural lessees, the commissioner may require collateral as follows: (a) As security for payment of the annual assessments levied by the irrigation district in which the state land is located if the lessee has a history of late payments or defaults. The amount of the collateral required may not exceed the annual assessment levied by the irrigation district. (b) As security for payment of rent, if an extension of time for payment is requested or if the lessee has a history of late payments of rent. The collateral shall be submitted at the time any extension of time for payment is requested. The amount of the collateral required may not exceed the annual amount of rent for the land. (c) A surety bond shall be required only if the commissioner determines that other forms of collateral are insufficient. 4. Withhold market and economic analyses, preliminary engineering, site and area studies and appraisals that are collected during the urban planning process from public viewing before they are submitted to local planning and zoning authorities. 5. Withhold from public inspection proprietary information received during lease negotiations. The proprietary information shall be released to public inspection unless the release may harm the competitive position of the applicant and the information could not have been obtained by other legitimate means. 6. Issue permits for short-term use of state land for specific purposes as prescribed by rule. 7. Contract with a third party to sell recreational permits. A third party under contract pursuant to this paragraph may assess a surcharge for its services as provided in the contract, in addition to the fees prescribed pursuant to section 37-107. 8. Close urban lands to specific uses as prescribed by rule if necessary for dust abatement, to reduce a risk from hazardous environmental conditions that pose a risk to human health or safety or for remediation purposes. 9. Notwithstanding subsection A, paragraph 4 of this section, authorize, in the best interest of the trust, the extension of public services and facilities either: (a) That are necessary to implement plans of the local governing body, including plans adopted or amended pursuant to section 9-461.06 or 11-805. (b) Across state lands that are either: (i) Classified as suitable for conservation purposes pursuant to section 37-312. (ii) Sold or leased at auction for conservation purposes. 10. Contract with a qualified third-party reviewer that is selected by the commissioner to review any application submitted to the department if the commissioner determines that the department will not be able to take action on the application within sixty working days after the application is submitted to the department. A third-party reviewer that reviews an application pursuant to this paragraph shall do both of the following: (a) Review the application and take all other related actions in accordance with all requirements that are adopted by the department. (b) Notify the department and the applicant of the findings of the review. C. The commissioner or any deputy or employee of the department may not have, own or acquire, directly or indirectly, any state lands or the products on any state lands, any interest in or to such lands or products, or improvements on leased state lands, or be interested in any state irrigation project affecting state lands. 37-132.01. Performance and restoration account; agreements with public and private entities A. The proceeds of any security imposed by the commissioner as a condition of sale pursuant to section 37-132, subsection A, paragraph 5 and the proceeds of a bond, collateral or security received pursuant to section 37-132, subsection B, paragraph 3 or section 37-335.06, subsection B shall be deposited in a separate account of the state land department fund that is designated as the performance and restoration account and that shall be used for the performance or restoration purposes for which the bond, collateral or security was acquired. The commissioner shall administer the account. B. The commissioner may enter into an agreement with a private entity or an intergovernmental agreement pursuant to title 11, chapter 7, article 3 to coordinate the review and approval of plans for performance or restoration purposes and to perform the performance or restoration action, including: 1. Designating a lead agency for the performance or restoration action. 2. Issuing the lead agency or entity temporary rights of entry on, under and over state trust lands for the purpose of access for the performance or restoration action. The temporary rights of entry shall be issued pursuant to applicable law. 3. Authorizing the lead agency or entity to use the proceeds of the bond, collateral or security for the performance or restoration action. 37-133. Decisions of commissioner; filing; notice to persons in interest A. Decisions rendered by the commissioner pursuant to the powers and duties conferred upon him by law, whether relating to the administration of state lands or other departments or agencies of state under his jurisdiction, shall be in writing and filed of record in his office. B. Notice of the decisions shall be given by the commissioner to any person in interest of record in the department by notifying the person in interest by certified mail, return receipt requested, addressed to the last known post office address of record in the department. C. If no appeal is taken by any person in interest as provided in title 41, chapter 6, article 10, the decision of the commissioner shall be final and conclusive.