A.R.S. tit. 37 ch. 5 — Arizona Revised Statutes Title 37 Chapter 5 — State Claims To Public Lands

37-901. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the public lands board of review. 2. "Public lands" means all lands within the exterior boundaries of this state except lands: (a) To which title is held by any natural person, corporation, company, partnership, firm, association, society or any other entity. (b) Which are owned or held in trust by this state or any political subdivision of this state, including leased school or university land. (c) Lands which are located within and meet the standards and purposes of congressionally authorized national parks, monuments, national forests and wildlife refuges and such other lands acquired by purchase, exchange, gift or eminent domain consented to by the legislature. (d) Which are controlled by the United States department of defense, department of energy or bureau of reclamation and which were acquired by consent of the legislature and which meet the standards and purposes for which control was authorized. (e) Which are held in trust for Indian purposes or which are Indian reservations. 37-902. Public lands; public policy; state land department A. The department shall hold the public lands of this state in trust for the benefit of the people of this state and shall manage them in an orderly and beneficial manner consistent with the public policy declared in subsection B. B. The department shall administer the public lands of this state in such a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas and historical sites and artifacts and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of this state. C. Subject to existing rights, all public land in this state and all minerals not previously appropriated to private ownership are the property of this state and subject to its jurisdiction and control. D. Any public lands within this state administered by the United States under treaties or interstate compacts shall continue to be administered by this state in conformance with the treaties or compacts. E. Until equivalent measures are enacted by this state, the rights and privileges of the people of this state under the national forest reserve transfer act, 16 U.S.C. sec. 471 et seq., the general mining laws, 30 U.S.C. sec. 21 et seq., the Taylor grazing act, 43 U.S.C. sec. 315 et seq., the desert land act, 43 U.S.C. sec. 321 et seq., the Carey act, 43 U.S.C. sec. 641 et seq., the public rangelands improvement act, 43 U.S.C. sec. 1901 et seq. and all rights-of-way and easements for public utilities are preserved under the administration of this state. 37-903. State land commissioner; powers; duties A. The commissioner may: 1. With the approval of the board, promulgate rules and regulations deemed necessary to manage the public lands in an orderly and beneficial manner according to this chapter. 2. Contract for or employ professional and clerical personnel deemed necessary to carry out his functions under this chapter. 3. Convey, lease or permit the use of public lands to the same extent or in the same manner as the public lands are conveyed, leased, licensed or permitted to be used by the federal government or any of its agencies. B. The commissioner shall deposit, pursuant to sections 35-146 and 35-147, all fees, rents, royalties or other monies paid to this state for purposes of public lands, except for state trust lands, in the state general fund. 37-904. Public lands board of review; members; powers and duties; staff and officers; service of process A. There is established a public lands board of review consisting of the following members: 1. State land commissioner. 2. Director of environmental quality. 3. State geologist. 4. Director of the Arizona state parks board. 5. Director of the department of transportation. 6. Deputy state forester. 7. Director of water resources. 8. Director of the Arizona game and fish department. 9. As provided in subsection F, the chairman of the board of supervisors of a county in which public lands are located. 10. One county supervisor, appointed by the governor to serve at the pleasure of the governor. B. The board shall elect one of its members to serve as chairman. The chairman shall call meetings of the board and prescribe the time and place of each meeting. C. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. D. The board: 1. Shall review and approve or disapprove all rules and regulations proposed by the commissioner under this chapter. 2. May review any decision of the commissioner relating to public lands under this chapter and affirm, modify or reverse the decision. E. The state land department shall provide the administrative staff and offices needed by the board, and the state land commissioner shall be deemed the clerk of the board upon which notices of appeal and other process shall be served. F. The chairman of the county board of supervisors of a county in which public lands are located and which are the subject of the board action shall serve as a member of the board for the purposes of the action. 37-905. Appeal of commissioner's decision; board of review; procedures; decision; further appeal A. Any person who is aggrieved by a decision of the commissioner made pursuant to this chapter may appeal to the board by letter within thirty days after the date of the decision from which the appeal is taken. B. To have the effect of commencing an appeal as provided for in subsection A, a letter is required to: 1. Identify the decision from which the appeal is taken. 2. State legal grounds for the appeal. 3. List facts to support the grounds for the appeal. 4. Provide any other information specified by the board. C. Upon receipt of the letter of appeal, the board may: 1. Order the appeal dismissed if it appears to lack merit. 2. Set a date for a hearing on the appeal not more than forty-five days nor less than fifteen days after receipt of the letter of appeal. The board shall notify the commissioner and the person appealing of the date, time and place of the hearing. The board shall conduct the hearing in an informal manner. D. At the hearing the commissioner or his representative shall present the facts and reasons for reaching the decision being appealed. The person appealing or his representative may present facts and reasons supporting the appeal. If the person appealing or his representative is not present, the board may consider the information set forth in the letter of appeal. E. After the hearing, if held, the board may dismiss the appeal or take any other action which the board finds to be reasonable and proper. The board shall issue its order as soon as practicable after conducting the hearing. F. The order of the board under this section is a final decision in a contested case and is subject to judicial review pursuant to title 41, chapter 6, article 10. 37-906. Public lands; disposal; use; written authorization required A. After January 1, 1980 no sale, conveyance or other disposal of public lands may be authorized by the commissioner unless specifically authorized by law by the legislature. B. Except as authorized by this chapter or by the commissioner pursuant to law, any sale, lease, exchange, encumbrance or other disposal of any parcel of or interest in the public lands is void. C. Any person who intends to perform or carry out any act with respect to the use, management or disposal of any public lands under any statute, ordinance, regulation, custom or usage of the United States or otherwise shall obtain written authorization from the commissioner confirming or approving the act. The commissioner shall give the written authorization only as permitted under this chapter. D. Any person who does not obtain written authorization as required under subsection C may be enjoined in an action brought by the attorney general from performing or continuing to carry out any act respecting the use, management or disposal of any public lands. E. Any person who receives any money or other consideration for any purported sale or other disposition of any public lands which was made in violation of this chapter is liable to this state for that money or the value of any other consideration. The money or value of any other consideration may be recovered for this state in an action brought by the attorney general. 37-907. Federal lands acquired without legislative consent; placement on tax rolls All federal lands acquired before the effective date of this section without consent of the legislature through gift, purchase, exchange or eminent domain shall be placed on the general tax rolls of the counties of this state in the name of the grantor of the respective transactions. Such property is subject to taxation in the same manner as like property from and after January 1, 1981 unless prior to January 1, 1981 the legislature specifically approves and consents to federal ownership of the lands. 37-908. Powers and duties of attorney general The attorney general may initiate or defend an action commenced in any court to carry out or enforce this chapter or seek any appropriate judicial relief to protect the interests of this state. Enforcement of this chapter rests exclusively with the attorney general. 37-909. State payments to counties A. A county receiving payments from the federal government or any federal agency under 31 United States code section 1601 et seq., whose payments are reduced due to action taken by this state under this article shall be reimbursed by the state treasurer from the state general fund in the total amount of the reduced revenues. B. Prior to receiving any amount from the state treasurer, the board of supervisors of an affected county shall submit to the state treasurer, on a form provided by the state treasurer, the following information: 1. The acreage and location of the land involved. 2. The total amount of revenue received from the federal government under 31 United States code section 1601 et seq., for the prior fiscal year. 3. The total amount of revenue received from the federal government under 31 United States code section 1601 et seq., for the current fiscal year. 4. The total amount of revenue lost by the county during the current fiscal year due to action taken under this article. C. The state treasurer, after verifying the information submitted, shall draw a warrant on the state general fund and send the warrant to the county which submitted the information under subsection B. D. A county shall not receive an amount from the state treasurer that, when combined with the amount received from the federal government, exceeds the total amount the county would have been eligible for under 31 United States code section 1601 et seq., during the same period of time. 37-931. Claims of right-of-way under revised statute 2477 A. This state, on behalf of itself and its political subdivisions, asserts and claims rights-of-way across public lands under section 8 of the mining act of 1866, reenacted and recodified as Revised Statute 2477; 43 United States Code section 932, acquired from and after its effective date through October 21, 1976, the date of its repeal, by authority of the department of the interior and related agencies appropriations act, 1997, section 108, enacted by the omnibus consolidated appropriations act, 1997 (P.L. 104-208; 110 Stat. 3009). These rights-of-way across public lands may have been acquired in any manner authorized by the law of the United States, the Territory of Arizona or this state, including: 1. The use by this state or a political subdivision of this state with the intention of establishing a public highway over public lands. 2. The construction or maintenance of a public highway over public lands. 3. The inclusion of a legally described right-of-way across public lands in a state, county or municipal plat or map of public roads. 4. The expenditure of public monies on the highway. 5. The execution of a memorandum of understanding or other agreement with any agency of the United States government that recognizes the right or obligation of this state or a county, city or town of this state to widen or maintain a highway or a portion of a highway. 6. Any other affirmative act by this state or a county, city or town of this state, consistent with federal, territorial or state law, indicating acceptance of a right-of-way across public lands. 7. The use by the public for a period required by law. B. This state does not recognize or consent, and has not consented, to the exchange, waiver or abandonment of any Revised Statute 2477 right-of-way across public lands unless by formal, written official action that was taken by the state, county or municipal agency or instrumentality that held the right-of-way across public lands and that was recorded in the office of the county recorder of the county in which the public lands are located. No officer, employee or agent of this state or a county, city or town of this state has or had authority to exchange, waive or abandon a Revised Statute 2477 right-of-way across public lands in violation of this subsection, and any such purported action was void when taken unless later ratified by official action in compliance with this subsection. C. The failure to conduct mechanical maintenance of a Revised Statute 2477 right-of-way across public lands does not affect the status of the right-of-way across public lands as a highway for any purpose of Revised Statute 2477. D. The omission of a Revised Statute 2477 right-of-way across public lands from any plat, description or map of public roads does not waive or constitute a failure to acquire a right-of-way across public lands under Revised Statute 2477. E. For the purposes of this section: 1. The extent of a Revised Statute 2477 right-of-way across public lands is the dimension that is reasonable under the circumstance. 2. A Revised Statute 2477 right-of-way across public lands includes the right to: (a) Widen the highway as necessary to accommodate increased public travel and traffic associated with all accepted uses. (b) Change or modify the horizontal alignment or vertical profiles as required for public safety and contemporary design standards. 3. The public has the right to use a Revised Statute 2477 right-of-way across public lands to access public lands. 4. If privately owned land is completely surrounded by or adjacent to public lands, the landowner has the right to use a Revised Statute 2477 right-of-way across public lands to access that land. 5. A Revised Statute 2477 right-of-way across public lands shall be closed only by order of a court of competent jurisdiction or the proper completion of an administrative process established for the abandonment, maintenance, construction or vacation of a public right-of-way otherwise allowed by law. F. This section does not affect the inclusion or exclusion of, or the obligation of maintaining, any highway, road, street or route in any system of state, county or municipal streets, roads or highways. The inclusion of any highway, road, street or route in the state, county or municipal system shall be solely in accordance with other law. G. This section does not: 1. Apply to any Revised Statute 2477 right-of-way across private property. 2. Impair, modify or otherwise affect any private property rights in effect on July 3, 2015. Any claim, determination or identification of a right-of-way across public lands pursuant to this section does not establish prior rights for determining financial or legal responsibility for taking any private property rights, in whole or in part. All presumptions and interpretations of fact and law relating to a claim, determination or identification of a right-of-way across public lands pursuant to this section shall be in favor of preserving private property rights.