A.R.S. tit. 37 ch. 8 — Arizona Revised Statutes Title 37 Chapter 8 — Military Airport Land Exchanges

37-1201. Declaration of policy It is declared the policy of the legislature to promote the preservation of military airports in this state by facilitating the conservation of open space around military airports, and thereby to protect and enhance the irreplaceable economic benefit that military airports directly and indirectly contribute to the communities and citizens of this state. 37-1202. Definitions In this chapter, unless the context otherwise requires: 1. "High noise or accident potential zone" has the same meaning prescribed in section 28-8461. 2. "Landowner" means any private person, firm or corporation holding title to any land that is wholly or partially in territory in the vicinity of a military airport. 3. "Manager" means the manager of the section. 4. "Military airport" has the same meaning prescribed in section 28-8461. 5. "Section" means the military airport land exchange section of the state land department. 6. "Subject property" means private land that is to be offered in a proposed exchange pursuant to this chapter. 7. "Territory in the vicinity of a military airport" has the same meaning prescribed in section 28-8461. 37-1221. Military airport land exchange section; purpose; employees; compensation A. Subject to the availability of monies in the military airport land exchange fund, the military airport land exchange section is established within the state land department for the purpose of facilitating exchanges of federal land in this state for private land in territory in the vicinity of a military airport in this state. B. All personnel and administrative costs shall be paid from the fund. The commissioner shall appoint a manager of the section, who shall be responsible for the administrative functions of the section. With the commissioner's approval, the manager may hire employees necessary to carry out this chapter. C. Compensation for the manager and other employees of the section shall be determined pursuant to section 38-611. 37-1222. Military airport land exchange proposal application; agreement A. A landowner may apply to the section for assistance in preparing a proposal to exchange the landowner's land for land owned by a federal agency if the landowner's land is wholly or partially in a high noise or accident potential zone or if all of the following apply: 1. The landowner's land is undeveloped land. 2. The landowner's land is zoned for uses that are not compatible with the operation of a military airport as determined by the local jurisdiction. 3. The landowner agrees to a rezoning of the landowner's land to uses that are compatible with the operation of a military airport as a condition of an exchange proposed pursuant to this chapter. B. An application pursuant to subsection A of this section shall include all of the following: 1. The name and address of the landowner. 2. A description of the location of the subject property. 3. The size of the subject property in acres. 4. A copy of the county tax assessor's map showing the subject property. 5. A copy of the zoning ordinance that applies to the subject property. 6. A list of any improvements that are on the subject property. 7. The current use of the subject property and, to the extent known to the landowner, a history of past uses of the subject property. 8. The landowner's preference for the general location of federal lands to be offered in a proposed exchange. C. The section shall evaluate each application that it receives pursuant to this section and give written notice to the applicant of acceptance or rejection of the application by the section. If the section rejects an application, the notice shall state the reason or reasons for the rejection and that the rejection is an appealable agency action pursuant to title 41, chapter 6, article 10. If the section accepts an application, the notice shall indicate that the section agrees to assist the landowner in preparing a proposal for the exchange of the landowner's land for federal land if the landowner pays the fee prescribed in section 37-1223, subsection A, paragraph 1. 37-1223. Powers and duties of the section; limitations A. If the section agrees to assist a landowner pursuant to section 37-1222, subsection C, the section shall: 1. Charge the landowner a fee for each acre of the subject property. The section shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the military airport land exchange fund established by section 37-1224 and shall use the monies to hire staff and support the operations of the section. 2. Evaluate the suitability of the subject property for exchange with federal land. 3. Coordinate with federal agencies to identify federal lands that are available and suitable for exchange for the subject property. 4. Prepare an exchange proposal for the landowner's review. B. The section may: 1. Request a landowner to advance or incur costs of evaluations and studies that may be needed to prepare an exchange proposal including legal land surveys, title reports, appraisals, environmental assessments and cultural and biological investigations. The section shall deposit, pursuant to sections 35-146 and 35-147, the monies collected under this paragraph in a separate account of the military airport land exchange fund and shall use the monies to contract for the evaluations and studies that are needed to prepare an exchange proposal. 2. Accept and spend grants, gifts and contributions from individuals, businesses, cities, towns, counties, other political subdivisions of this state, other state agencies, federal agencies and any other sources to hire staff and support the operations of the section. 3. At the request of the landowner, present an exchange proposal to a federal agency. 4. Disburse monies in the military airport land exchange fund to a federal agency that agrees to an exchange proposed under this chapter to cover costs incurred by the agency in preparing the exchange. C. The landowner shall be responsible for making all decisions and bearing all costs arising from an exchange proposed under this chapter. Neither the section nor the department shall be the landowner's agent. Assistance provided by the section to a landowner under this chapter is limited by the availability of monies in the military airport land exchange fund. An agreement under section 37-1222, subsection C is not a guarantee or other assurance by the section, the department, this state or any agency of this state that a federal agency will exchange land with the landowner. 37-1224. Military airport land exchange fund A. A military airport land exchange fund is established consisting of monies appropriated by the legislature, fees deposited pursuant to section 37-1223, subsection A, paragraph 1 and monies deposited pursuant to section 37-1223, subsection B. The commissioner shall administer the fund. B. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the section. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.