AN ACT
AMENDING TITLE 37, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 19; AMENDING SECTIONS 37-1013, 37-1014, 37-1053 AND 37-1054, ARIZONA REVISED STATUTES; RELATING TO HOLISTIC RESOURCE MANAGEMENT.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2, Arizona Revised Statutes, is amended
by adding article 19, to read:
37-620.21. Holistic resource management program
A. THE STATE LAND COMMISSIONER MAY COORDINATE THE DEVELOPMENT OF A
PROCESS OF USING HOLISTIC RESOURCE MANAGEMENT PLANNING METHODS TO INCORPORATE
THE CRITICAL HABITAT REQUIREMENTS OF PLANT AND ANIMAL SPECIES WITH THE
RESOURCE USE REQUIREMENTS OF THIS STATE. IF DEVELOPED, THIS PLANNING PROCESS
SHALL BE USED AS A MODEL FOR DEVELOPING SPECIFIC AREA PLANS AND DEVELOPING
CONSERVATION AGREEMENTS WITH THE UNITED STATES FISH AND WILDLIFE SERVICE TO
ALLEVIATE THE NEED FOR CRITICAL HABITAT DESIGNATIONS IN THIS STATE. IN
DEVELOPING THE PLANNING PROCESS THE COMMISSIONER MAY CONSULT WITH:
1. HOLISTIC RESOURCE MANAGEMENT PRACTITIONERS AND EXPERTS.
2. FEDERAL AND STATE LAND AND WILDLIFE MANAGEMENT AGENCIES.
3. NATURAL RESOURCES COMMODITY GROUPS.
B. THE COMMISSIONER MAY TEST THE HOLISTIC RESOURCE MANAGEMENT PLANNING
PROCESS DEVELOPED UNDER SUBSECTION A BY DEVELOPING A PLAN FOR AT LEAST TWO
AREAS THAT ARE CURRENTLY PROPOSED AS CRITICAL HABITAT FOR ONE OR MORE SPECIES
OF CONCERN. THE COMMISSIONER MAY DEVELOP THE PLAN IN CONJUNCTION WITH:
1. AFFECTED LAND OWNING AND LAND MANAGEMENT ENTITIES.
2. LESSEES OR PERMITTEES OF LAND IN THE PLANNING AREA.
3. KNOWN LAND USE GROUPS IN THE PLANNING AREA.
4. NATURAL RESOURCE CONSERVATION DISTRICTS.
5. ENVIRONMENTAL ORGANIZATIONS THAT ARE INCORPORATED UNDER THE LAWS
OF THIS STATE OR THAT ARE QUALIFIED UNDER SECTION 501(c)(3) OF THE UNITED
STATES INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX PURPOSES.
C. IF A TEST PLAN IS DEVELOPED, THE COMMISSIONER AND ENTITIES THAT ARE
IDENTIFIED UNDER SUBSECTION B SHALL SELECT PLANNING AREAS BASED ON AT LEAST
THE FOLLOWING FACTORS:
1. THE PLANNING AREA MUST BE LARGE ENOUGH IN SIZE TO REPRESENT A
MANAGEMENT UNIT FOR PURPOSES OF LOGGING, GRAZING, MINING OR OTHER LAND USE
ACTIVITIES.
2. THE PLANNING AREA MUST CONTAIN PROPOSED OR DESIGNATED CRITICAL
HABITAT OF THE SPECIES OF CONCERN.
D. THE STATE LAND DEPARTMENT IS THE CENTRAL REPOSITORY FOR ALL
HOLISTIC RESOURCE MANAGEMENT PLANS THAT ARE DEVELOPED PURSUANT TO THIS
SECTION.
E. IF A HOLISTIC RESOURCE MANAGEMENT PROGRAM IS DEVELOPED PURSUANT TO
THIS SECTION ON OR BEFORE JANUARY 31 OF EACH YEAR, THE COMMISSIONER SHALL
REPORT TO THE GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND PRESIDENT
OF THE SENATE ON THE STATUS OF:
1. THE PLANS THAT ARE DEVELOPED PURSUANT TO THIS SECTION.
2. CONSERVATION AGREEMENTS WITH THE UNITED STATES FISH AND WILDLIFE
SERVICE.
Sec. 2. Section 37-1013, Arizona Revised Statutes, is amended to read:
37-1013. Powers and duties of commissioner
A. The state natural resource conservation commissioner shall:
1. Offer appropriate assistance to the supervisors of districts in
carrying out their powers and programs.
2. Keep the supervisors of each district informed of the activities
and experiences of other districts, and facilitate cooperation and
interchange of advice and experience between districts.
3. Coordinate the programs of the several districts insofar as
possible by advice and consultation.
4. Require the supervisors of each district to file with him annually
ANY AUDITS AND the records of the operations of the district for the
preceding year in such form and detail as he prescribes.
5. Secure the cooperation and assistance of the United States, its
agencies, and agencies of this state, in the work of districts, as he deems
for the best interest of the state.
6. Disseminate information throughout the state concerning the
activities and program of districts.
7. Provide staff support to the Arizona water protection fund
commission established by title 45, chapter 12 and provide administrative
assistance to natural resource conservation districts for compliance with the
duties for districts pursuant to title 45, chapter 12.
B. The commissioner may remove a district supervisor from such office
if the commissioner determines, after reasonable notice and AN impartial hearing, that the supervisor is guilty of misfeasance, malfeasance
or
nonfeasance in office. For purposes of this subsection, "nonfeasance"
includes the failure to attend three consecutive meetings of district
supervisors without reasonable excuse.
Sec. 3. Section 37-1014, Arizona Revised Statutes, is amended to read:
37-1014. State financial assistance; application; criteria
A. The commissioner shall include in his annual THE BIENNIAL state
land department budget request a sum of not to exceed the total of ten THIRTY
thousand dollars each for EACH DISTRICT AND TEN THOUSAND DOLLARS FOR EACH
EDUCATION CENTER FOR distribution by the commissioner to those natural
resource conservation districts which have applied for, have met the criteria
for and have been approved for receiving state financial assistance for the
next ensuing fiscal year, as provided in this section.
B. Any district OR EDUCATION CENTER desiring to receive state
financial assistance for the next ensuing fiscal year shall apply to the
commissioner not later than July JUNE 20, on a form supplied by the division
of natural resource conservation. Each application shall include, but not
be limited to:
1. The number of acres of land lying within the district.
2. The extent of conservation programs OR EDUCATION CENTER PROGRAMS
proposed to be undertaken during the fiscal year for which the financial
assistance is being requested.
3. ANY AUDITS THAT ARE REQUESTED BY THE COMMISSIONER.
C. Upon receipt of the application, the commissioner shall determine
whether or not such funds for the district OR EDUCATION CENTER will be
included in the budget request for the state land department for the next
ensuing fiscal year and shall promptly notify the district of his
determination.
Sec. 4. Section 37-1053, Arizona Revised Statutes, is amended to read:
37-1053. Powers and duties of supervisors
A. The supervisors shall:
1. Provide for the keeping of a record of all proceedings,
resolutions, regulations and orders issued or adopted.
2. Furnish to the commissioner copies of such ordinances, rules,
regulations, orders, contracts, forms or other documents adopted or employed,
AUDITS OF THE DISTRICT OR EDUCATION CENTER and such information concerning
their activities as the commissioner requests.
B. The supervisors may appoint additional advisory members to the
district governing body and delegate to the chairman or any member, or to any
agent or employee, such powers and duties as they deem proper.
C. District supervisors shall require and provide for the execution
of a corporate surety bond in suitable penal sum for, and to cover, any
person entrusted with the care or disposition of district funds or property.
D. The compensation of the district supervisors shall be determined
by the supervisors meeting as the governing body of the district but shall not exceed the compensation prescribed by section 38-611, plus actual and
necessary expenses of attending district meetings, and a per diem subsistence
allowance and actual and necessary expenses while engaged in official
business by order of the supervisors.
Sec. 5. Section 37-1054, Arizona Revised Statutes, is amended to read:
37-1054. Powers of district
A. A district is empowered to:
1. Conduct surveys, investigations and research relating to the
character of the soil, soil erosion prevention within a farm or ranch,
methods of cultivation, farm and range practices, seeding, eradication of
noxious growths and such other measures as will aid farm and range
operations, disseminate information pertaining thereto, and carry on research
programs with or without the cooperation of the state, the United States or
agencies thereof.
2. Conduct demonstration projects within the district on lands owned
or controlled by the s
state or any of its agencies with the consent and
cooperation of the agency having jurisdiction thereof, and on any other lands
within the district upon obtaining the consent of the owner thereof or the
necessary rights or interests therein, in order to demonstrate by example the
means, methods and measures by which water, soil and soil resources may be
conserved, and soil erosion and soil washing prevented and controlled.
3. Cooperate and enter into agreements with a landowner, an operator
or any agency or subdivision of the state or federal government to carry on
programs of watershed improvement, soil erosion prevention, methods of
cultivation, cropping practices, land leveling and improvement on
agricultural lands, and programs limited to methods of proper range use,
reseeding and the eradication of noxious growth on grazing lands, all within
the limits of an individual farm or ranch and subject to such conditions as
the supervisors deem necessary.
4. Acquire, by purchase, exchange, lease or otherwise, any property,
real or personal, or rights or interest therein, maintain, administer and
improve any properties acquired, receive income therefrom and expend it in
carrying out the purposes of this chapter, and sell, lease or otherwise
dispose of any property or interest therein in furtherance of the purposes
of this chapter.
5. Make available, on such terms as it prescribes to landowners within
the district, agricultural and engineering machinery and equipment,
fertilizer, seed and such other material or equipment as will assist the
landowners to carry on operations upon their lands for the purposes and
programs authorized by this chapter.
6. Develop, publish and bring to the attention of owners of lands
within the district comprehensive plans for the conservation of soil and
water resources within the district which shall specify in such detail as may
be feasible the acts, procedures, performances and avoidances necessary or
desirable for the effectuation of the plans.
7. Apply for, receive, and spend monies from the Arizona water
protection fund pursuant to title 45, chapter 12 to be used in individual
districts or in cooperation with other districts, persons, cities, towns,
counties, special districts and Indian communities for projects consistent
with the provisions of title 45, chapter 12.
8. Employ agents, engineers, attorneys or other employees not readily
available from existing state agencies.
9. Sue and be sued in the name of the district, have a seal, which
shall be judicially noticed, have perpetual succession unless terminated as
provided in this chapter, make and execute contracts and other instruments
necessary or convenient to the exercise of its powers, and make, amend and
repeal rules not inconsistent with this chapter to carry into effect its
purposes and powers.
10. Accept donations, gifts and contributions in money, services,
materials or otherwise, and use or expend them in carrying on its operations.
11. ORGANIZE AND ESTABLISH AN EDUCATION CENTER.
B. No provision of law with respect to the acquisition, operation or
disposition of property by other public bodies shall be applicable to a
district organized under this chapter unless specifically stated therein.
C. After the formation of any district under the provisions of this
chapter, all participation thereunder shall be voluntary, notwithstanding any
provision of this chapter to the contrary.
D. A district may send to the Arizona water protection fund commission
established pursuant to title 45, chapter 12 written recommendations for
geographic areas to be emphasized, issues of concern and measures to
implement title 45, chapter 12. A district that sends written
recommendations to the commission shall request information from at least the
following:
1. The director of the department of water resources and the state
land commissioner.
2. The federal and state fish, wildlife, recreation and natural
resource agencies.
3. County and municipal entities.
4. The public.
E. The district shall develop procedures to assure adequate
participation in the public involvement process prescribed by subsection D.