A.R.S. tit. 41 ch. 3 — Arizona Revised Statutes Title 41 Chapter 3 — Administrative Boards And Commissions

41-501. Definitions In this article, unless the context otherwise requires: 1. "Fund" means the Arizona state parks heritage fund established by section 41-502. 2. "Historic preservation project" means a project for the preservation of archaeological or historic properties, artifacts, archives and collections that require stabilization, rehabilitation, restoration and maintenance, interpretation, education and program development. 41-502. Arizona state parks heritage fund; exemption A. The Arizona state parks heritage fund is established consisting of legislative appropriations, grants and donations. B. The Arizona state parks board shall administer the fund. Monies in the fund are continuously appropriated. On notice from the Arizona state parks board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-503. Expenditures from fund; purpose; amounts A. The Arizona state parks board, in consultation with the historical advisory commission, shall: 1. Establish criteria for the use of the monies in the fund. 2. Establish and revise as necessary the grant application process. 3. Review and evaluate grant applications. B. The monies in the fund shall be used as follows: 1. Fifty percent on local, regional or state parks for outdoor recreation and open space development, restoration or renovation. 2. Thirty percent on local, regional and state historic preservation projects. The Arizona state parks board through the state historic preservation officer shall administer monies provided under this paragraph. 3. Ten percent on local, regional and state nonmotorized trails. 4. Ten percent on outdoor and environmental education. C. An entity that receives monies under this section may not receive more than twenty percent of the monies available in each category in any fiscal year. D. All monies earned as interest on monies received pursuant to section 41-502 shall be spent only in the percentages and for the purposes described in subsection B of this section or for the costs of administering the fund in such amounts as determined by the Arizona state parks board, in consultation with the historical advisory commission. E. Monies in the fund may not be used to acquire property. F. On or before December 31 of each year, the Arizona state parks board, in consultation with the historical advisory commission, shall submit a report to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate committee on natural resources and energy and the house of representatives committee on natural resources, energy and water, or their successor committees. The board shall provide a copy of this report to the secretary of state. The report shall include information on: 1. The amount of monies spent or encumbered in the fund during the preceding fiscal year and a summary of the projects, activities and expenditures relating to: (a) Local, regional or state parks for outdoor recreation and open space. (b) Local, regional and state nonmotorized trails. (c) Local, regional and state historic preservation projects. (d) Outdoor and environmental education. 2. The amount of monies spent from the fund during the preceding fiscal year that is itemized. 41-504. Performance audit The auditor general shall conduct a performance audit, as defined in section 41-1278, of the programs and expenditures of the fund pursuant to this article at the same time an agency performance audit of the Arizona state parks board is conducted. The auditor general shall submit copies of the performance audit to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate committee on natural resources and energy and the house of representatives committee on natural resources, energy and water, or their successor committees. 41-511. Arizona state parks board; membership; appointment; terms A. There shall be an Arizona state parks board, which shall consist of seven members. The state land commissioner shall be a member and the remaining members, each of whom shall be a bona fide resident of the state, shall be appointed by the governor pursuant to section 38-211. The appointive members shall be selected because of their knowledge of and interest in outdoor activities, multiple use of lands, archaeology, natural resources and the value of the historical aspects of Arizona, and because of their interest in the conservation of natural resources. Not less than one of the appointive members shall be representative of the livestock industry, one appointive member shall be professionally engaged in general recreation work and one appointive member shall be professionally engaged in the tourism industry. B. All appointments shall be for a term of six years and shall expire on the third Monday in January of the appropriate year. 41-511.01. Compensation and organization of board A. Appointive members of the board shall serve without compensation. B. A majority of the membership of the board shall constitute a quorum for the transaction of business. Members of the board shall select one of themselves its chairman for such term as they determine and may appoint from within their membership other officers for such terms as they deem necessary or desirable. The board shall adopt rules for the conduct of its meetings. A record shall be kept of all proceedings and transactions. 41-511.02. Director; qualifications; state historic preservation officer A. The governor shall appoint a full-time director pursuant to section 38-211 who shall: 1. Not be a member of the Arizona state parks board. 2. Serve at the pleasure of the governor. 3. Be qualified by successful experience in administration in business or in government. 4. Have a knowledge of or training in the multiple use of lands and the conservation of natural resources. B. The governor shall designate a full-time employee of the board with professional competence and expertise in the field of historic preservation as the "state historic preservation officer" to administer the state historic preservation program. 41-511.03. Purposes; objectives The purposes and objectives of the board shall be to select, acquire, preserve, establish and maintain areas of natural features, scenic beauty, historical and scientific interest, and zoos and botanical gardens, for the education, pleasure, recreation, and health of the people, and for such other purposes as may be prescribed by law. 41-511.04. Duties; board; partnership fund; state historic preservation officer; definition A. The board shall: 1. Select areas of scenic beauty, natural features and historical properties now owned by the state, except properties in the care and custody of other agencies by virtue of agreement with the state or as established by law, for management, operation and further development as state parks and historical monuments. 2. Manage, develop and operate state parks, monuments or trails established or acquired pursuant to law, or previously granted to the state for park or recreation purposes, except those falling under the jurisdiction of other state agencies as established by law. 3. Investigate lands owned by the state to determine in cooperation with the agency that manages the land which tracts should be set aside and dedicated for use as state parks, monuments or trails. 4. Investigate federally owned lands to determine their desirability for use as state parks, monuments or trails and negotiate with the federal agency having jurisdiction over such lands for the transfer of title to the Arizona state parks board. 5. Investigate privately owned lands to determine their desirability as state parks, monuments or trails and negotiate with private owners for the transfer of title to the Arizona state parks board. 6. Enter into agreements with the United States, other states or local governmental units, private societies or persons for the development and protection of state parks, monuments and trails. 7. Plan, coordinate and administer a state historic preservation program, including the program established pursuant to the national historic preservation act of 1966, as amended. 8. Advise, assist and cooperate with federal and state agencies, political subdivisions of this state and other persons in identifying and preserving properties of historic or prehistoric significance. 9. Keep and administer an Arizona register of historic places composed of districts, sites, buildings, structures and objects significant in this state's history, architecture, archaeology, engineering and culture that meet criteria that the board establishes or that are listed on the national register of historic places. Entry on the register requires nomination by the state historic preservation officer and owner notification in accordance with rules that the board adopts. 10. Accept, on behalf of the state historic preservation officer, applications for classification as historic property received from the county assessor. 11. Adopt rules with regard to classification of historic property including: (a) Minimum maintenance standards for the property. (b) Requirements for documentation. 12. Monitor the performance of state agencies in the management of historic properties as provided in chapter 4.2 of this title. 13. Advise the governor on historic preservation matters. 14. Plan and administer a statewide parks and recreation program, including the programs established pursuant to the land and water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897). 15. Prepare, maintain and update a comprehensive plan for the development of the outdoor recreation resources of this state. 16. Initiate and carry out studies to determine the recreational needs of this state and the counties, cities and towns. 17. Coordinate recreational plans and developments of federal, state, county, city, town and private agencies. 18. Receive applications for projects to be funded through the land and water conservation fund and the state lake improvement fund on behalf of the Arizona outdoor recreation coordinating commission. 19. Provide staff support to the Arizona outdoor recreation coordinating commission. 20. Maintain a statewide off-highway vehicle recreational plan. The plan shall be updated at least once every five years and shall be used by all participating agencies to guide distribution and expenditure of monies under section 28-1176. The plan shall be open to public input and shall include the priority recommendations for allocating available monies in the off-highway vehicle recreation fund established by section 28-1176. 21. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B. B. Notwithstanding section 41-511.21, the board may annually collect and expend monies to plan and administer the land and water conservation fund program, in conjunction with other administrative tasks and recreation plans, as a surcharge to subgrantees in a proportionate amount, not to exceed ten percent, of the cost of each project. The surcharge monies shall be set aside to fund staff support for the land and water conservation fund program. C. A partnership fund is established consisting of monies received pursuant to subsection B of this section, monies received from intergovernmental agreements pursuant to title 11, chapter 7, article 3 and monies received pursuant to section 35-148. The board shall administer the fund monies as a continuing appropriation for the purposes provided in these sections. D. The state historic preservation officer shall: 1. In cooperation with federal and state agencies, political subdivisions of this state and other persons, direct and conduct a comprehensive statewide survey of historic properties and historic private burial sites and historic private cemeteries and maintain inventories of historic properties and historic private burial sites and historic private cemeteries. 2. Identify and nominate eligible properties to the national register of historic places and the Arizona register of historic places and otherwise administer applications for listing historic properties on the national and state registers. 3. Administer grants-in-aid for historic preservation projects within this state. 4. Advise, assist and monitor, as appropriate, federal and state agencies and political subdivisions of this state in carrying out their historic preservation responsibilities and cooperate with federal and state agencies, political subdivisions of this state and other persons to ensure that historic properties and historic private burial sites and historic private cemeteries are taken into consideration at all levels of planning and development. 5. Develop and make available information concerning professional methods and techniques for the preservation of historic properties and historic private burial sites and historic private cemeteries. 6. Make recommendations on the certification, classification and eligibility of historic properties and historic private burial sites and historic private cemeteries for property tax and investment tax incentives. E. The state historic preservation officer may: 1. Collect and receive information for historic private burial sites and historic private cemeteries from public and private sources and maintain a record of the existence and location of such burial sites and cemeteries located on private or public lands in this state. 2. Assist and advise the owners of the properties on which the historic private burial sites and historic private cemeteries are located regarding the availability of tax exemptions applicable for such property. 3. Make the records available to assist in locating the families of persons buried in the historic private burial sites and historic private cemeteries. F. For the purposes of this section, "historic private burial sites and historic private cemeteries" means places where burials or interments of human remains first occurred more than fifty years ago, that are not available for burials or interments by the public and that are not regulated under title 32, chapter 20, article 6. 41-511.05. Powers; compensation The board, subject to legislative budgetary control within the limitations of this article, may: 1. Subject to chapter 4, article 4 and, as applicable, article 5 of this title, employ, determine conditions of employment and specify the duties of such administrative, secretarial and clerical workers and technical employees such as naturalists, archaeologists, landscape architects, rangers, park supervisors, caretakers, guides, skilled tradesmen, laborers, historians and engineers, and contract to have the services of such advisors or consultants as are reasonably necessary or desirable to enable it to perform adequately its duties. The compensation of the director and of all workers and employees shall be as determined pursuant to section 38-611. 2. Make such contracts, leases and agreements and incur such obligations as are reasonably necessary or desirable within the general scope of its activities and operations to enable it to perform adequately its duties. 3. Acquire through purchase, lease, agreement, donation, grant, bequest or otherwise real and personal property and acquire real property through eminent domain for state park or monument purposes. Property may not be acquired in the manner provided in this paragraph that will require an expenditure in excess of funds budgeted or received for such purposes. A state park or monument, or additions to a state park or monument, may not be created containing in excess of one hundred sixty acres of land unless created by an act of the legislature. This acreage limitation does not apply in the case of lands given or donated for state park or monument purposes or to state owned lands that are selected by the board and that are not subject to outstanding leases, permits or other rights for the use of the lands including preferential rights to renew such leases and permits. 4. Sell, lease, exchange or otherwise dispose of real and personal property. Any disposition of real property shall be submitted for approval of the joint committee on capital review. The disposition of office equipment, furnishings, vehicles and other materials is subject to chapter 23, article 8 of this title. The disposition of artifacts and other property of scientific, archaeological, historical or sociological interest is exempt from chapter 23, article 8 of this title, but the board shall consult with the Arizona historical society in disposing of property of historical interest. 5. Construct at state parks and monuments necessary sanitary and other facilities including picnic tables, fireplaces, campsites, service buildings and maintenance shops, and contract with private persons for the construction and operation of cabins, hotels and restaurants, and like establishments. 6. Erect suitable signs and markers at parks and monuments and write, prepare and publish written materials describing the historical significance of monuments and other places of historical or other significance. 7. Solicit and work in cooperation with the department of transportation and the highway departments of various counties and the United States federal highway administration for necessary roads and trails within the state parks and monuments and access roads to state parks and monuments. For the purposes of this paragraph, the board may designate roads, spurs and other traffic related appurtenances within state park boundaries as public highways. Designation of roads, spurs or other traffic related appurtenances as public highways does not prohibit the board from closing such public highways when the park is closed, charging for admission to the park to persons using the public highway within the park or otherwise managing such public highways in the same manner as other lands within the park. 8. Levy and collect reasonable fees or other charges for the use of such privileges and conveniences as may be provided under the jurisdiction of the board. The board may enter into agreements for the purpose of accepting payment for fees or other charges imposed pursuant to this article by alternative payment methods, including credit cards, charge cards, debit cards and electronic funds transfers. The collecting officer shall deduct any fee charged or withheld by a company providing the alternative payment method under an agreement with the board before the revenues are transferred to the board. 9. Make reasonable rules for the protection of, and maintain and keep the peace in, state parks and monuments. Such rules adopted by the parks board are subject to review and approval by the legislature. After a board rule has been finally adopted pursuant to chapter 6 of this title, the board shall immediately forward a certified copy of the rule to the legislature. The legislature may review and, by concurrent resolution, approve, disapprove or modify such rule. However, such rule shall be given full force and effect pending legislative review. If a concurrent resolution is not passed by the legislature with respect to the rule within one year following receipt of a certified copy of the rule, the rule is deemed to have been approved by the legislature. If the legislature disapproves a rule or a section of a rule, the board shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the rule or section of the rule. If the legislature modifies a rule or section of a rule, the board shall immediately suspend the use of any procedure, action or proceeding authorized or required by the rule or section of the rule until the modified rule has been adopted in accordance with chapter 6 of this title, after which all proceedings pursuant to the rule shall be conducted in accordance with the modified version of the rule. 10. Furnish advisory services to city and county park or recreation boards and organizations. 11. Delegate to the director, the deputy director or the director's designee any of its powers and duties, whether ministerial or discretionary, that are prescribed by law, except that the board may not delegate its power or duty to make rules. 12. Reimburse board volunteers for travel and lodging expenses and per diem subsistence allowances incurred while on public business for the board. Reimbursement amounts shall not exceed those allowed under title 38, chapter 4, article 2. 13. In consultation with the conservation acquisition board, develop a grant program and adopt guidelines for allocating and obligating monies in the land conservation fund pursuant to section 41-511.23. The guidelines shall include consideration of both qualification issues relating to applicants for grants and issues relating to the proposed use of the grant money in a manner consistent with existing municipal, county and regional land use plans. 14. Require volunteers who collect fees or interact with children or vulnerable adults as defined in section 13-3623 within a state park to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 41-511.06. Eminent domain A. In acquiring property by eminent domain, no water, watering facilities or water right of any person shall be taken separate and apart from the land served by such water, watering facilities or water rights, without fair and adequate compensation to be awarded for such land and water, watering facilities or water rights. B. In seeking to establish a state park or monument on state or federally owned land, the board shall not request the termination or cancellation of any valid lease, permit, government land entry, mining claim, privilege or other right unless fair and adequate compensation is awarded to the holder of such lease, permit, privilege or other right. If the amount of the compensation cannot be determined by agreement, the board may proceed to cause such lease, permit, privilege, government land entry, mining claim or right to be terminated or cancelled if such can be lawfully done by the state or federal agency having jurisdiction thereof, or the board may proceed to acquire the same by eminent domain. In any event the holder of such lease, permit, privilege, government land entry, mining claim or right shall receive fair and adequate compensation for the cost of and damage to his property interest or loss of his lease, privilege, government land entry, mining claim or permit. In determining the amount of such compensation, consideration shall be given to any preferential rights of renewal and other preferential rights of the owner or holder thereof, the damage to the remaining land, damage by access roads, and damage to the rights and operation which such owner may have and all other relevant factors. 41-511.07. Parks and monuments on state lands The board may take over state lands and improvements thereon pursuant to article 9, chapter 2, title 37, except that the application to and approval by the governor shall not be required if the legislature has created the park or monument, and in determining the amount of compensation to be received by a lessee or permittee all of the elements of damage set forth in subsection B of section 41-511.06 shall be considered. 41-511.08. Judicial review Except as provided in section 41-1092.08, subsection H, an appeal from a final decision of the board or from a final decision of the director made pursuant to the powers and duties delegated to the director by the board may be taken pursuant to title 12, chapter 7, article 6. 41-511.09. Park ranger law enforcement officers; training The board may appoint one or more of its officers or employees as a park ranger law enforcement officer. Any person so appointed shall have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. When so appointed, the officer or employee shall have the authority and power of a peace officer with the primary duties of enforcement of this article and enforcement of rules adopted pursuant to this article for the protection of the parks and monuments against damage and for the preservation of peace in the parks and monuments. 41-511.10. Rejection of gifts The board may reject any donation, bequest, or gift or property deemed by it to be unsuitable as a state park or monument. 41-511.11. Disposition of gifts; state parks donations fund Monies from unconditional gifts, donations, bequests and endowments, which are not specifically designated to the state parks revenue fund, shall be deposited, pursuant to sections 35-146 and 35-147, by the board in a fund to be known as the state parks donations fund, for use by the board in accomplishing its objectives and duties. All expenditures from the state parks donations fund shall be made upon claims duly itemized, verified and approved by the Arizona state parks board. 41-511.12. Annual report Not later than December 31 each year the board shall deliver to the governor, the director of the department of administration and the legislature an annual report of the finances, goals and accomplishments of the board during the preceding fiscal year. 41-511.13. Violations; classification A. Any person who knowingly damages, defaces or destroys any public park or monument property which is within the state or any political subdivision thereof is guilty of a class 2 misdemeanor. B. It is unlawful for a person to violate any provision of this article or rule or regulation prescribed under the provisions of this article. C. Unless a different or other penalty or punishment is specifically prescribed, the person who violates any provisions of this article or who violates or fails to comply with a lawful order, rule or regulation of the Arizona state parks board is guilty of a class 2 misdemeanor. D. A park ranger law enforcement officer may utilize the procedure prescribed by section 13-3903 for violations of this article or any order, rule or regulation adopted pursuant to this article. 41-511.14. Transfer of authority All authority the Arizona development board may have to administer state parks and recreational properties and programs is hereby transferred to the Arizona state parks board. 41-511.15. Arizona trail; fund; definition A. The Arizona trail is designated as a state scenic trail to memorialize former United States congressman Bob Stump for his significant contributions to the trails and people of this state. B. The Arizona state parks board shall: 1. Participate in planning, establishing, developing, maintaining and preserving the trail. 2. Provide information to any person involved in planning, establishing, developing or maintaining the trail regarding the design, corridors, signs, interpretive markers highlighting special areas and historic uses and any other aspect of the trail to promote uniformity of development, maintenance and preservation. 3. Encourage counties, cities and towns to adapt their general and comprehensive plans to preserve the trail right-of-way and to acquire property or legal interests in property to ensure the trail's continued existence in a permanent location. 4. In cooperation with federal and state land management agencies, prepare a trail management plan and a plan for interpretive markers for the trail. 5. Coordinate the board's trail plan with federal, state and local activities and land uses that may affect the trail and with private nonprofit support organizations to assist in planning, developing, promoting and preserving the trail. 6. Accept gifts and grants of private and public monies for the purposes of this section. Monies received pursuant to this paragraph shall be deposited in the Arizona trail fund. C. The trail shall be planned and designed for all nonmotorized recreational uses, including hiking, biking, horseback and pack stock use, cross country skiing, snowshoeing and camping. D. An agency of this state or of a county, city or town may not refuse to permit construction of the trail on property or rights-of-way owned or managed by the agency if the trail does not conflict with existing or proposed uses of the property. Each such agency shall: 1. Support the construction of the trail in the agency's long-term plans for its property. 2. Support the designation of the trail as a part of the national trail system. 3. Accommodate facilities for the safe trail crossing of highway rights-of-way. 4. Not infringe on existing land uses, such as cattle grazing or mineral development, that are near to or adjoin the trail. This paragraph does not authorize any person using public lands under a permit or lease to interfere with the use, maintenance or operation of the Arizona trail. E. The Arizona trail fund is established consisting of legislative appropriations and donations to the fund. The Arizona state parks board shall administer the fund. The monies in the fund are continuously appropriated for the sole purpose of maintaining and preserving the Arizona trail. F. For the purposes of this section, "Arizona trail" means a state scenic trail that extends approximately eight hundred miles between the southern border and the northern border of this state. 41-511.16. Rock climbing state park; fees, gifts and donations; disposition A. The Arizona state parks board shall establish a rock climbing state park subject to all of the following conditions: 1. The conveyance of approximately two thousand acres of bureau of land management land by the United States secretary of the interior, pursuant to the recreational and public purposes act (43 United States Code sections 869 through 869-4), to the Arizona state parks board. The land is located in Gila county and is generally described as: the south 1/2 of section 4, township 4 south, range 15 east; southeast 1/4 of section 5, township 4 south, range 15 east; all of section 8, township 4 south, range 15 east, except north 1/2, of the southwest 1/4 and southeast 1/4, southeast 1/4; north 1/2, and the north 1/2 of the southwest 1/4 of section 9, township 4 south, range 15 east; north 1/2 section 16, township 4 south, range 15 east, except southeast 1/4 of the northeast 1/4; the north 1/2 of section 17, township 4 south, range 15 east. 2. The conveyance or lease of three parcels of state trust land totaling approximately one hundred sixty acres to the Arizona state parks board. The trust lands are located in Gila county and are generally described as: the southeast 1/4 of the southeast 1/4 of section 8, township 4 south, range 15 east; south 1/2 of the southeast 1/4, section 9, township 4 south, range 15 east; southeast 1/4 of the northeast 1/4, section 16, township 4 south, range 15 east. 3. The establishment of a park access road as specified by the United States Congress and a public access easement on the access road being transferred to the Arizona state parks board. B. Notwithstanding the provisions of section 41-511.05, paragraph 3, additions to the rock climbing state park, up to five hundred acres, shall not require additional legislative authorization. C. The Arizona state parks board shall use its best efforts to prevent trespass onto private lands adjacent to the boundaries of the rock climbing state park and shall provide access to the owners of any private lands within the exterior boundary of the state park. D. The Arizona state parks board may charge user fees and concession fees and collect monies from other revenue generating activities. The state parks board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected in the state parks revenue fund established by section 41-511.21. E. The Arizona state parks board may accept gifts and donations toward the acquisition, management and operations of the rock climbing state park. The Arizona state parks board shall deposit, pursuant to sections 35-146 and 35-147, any gifts or donations collected in the state parks donations fund established by section 41-511.11 and account for these monies separately. F. The Arizona state parks board shall ensure public access to the rock climbing state park. G. Nothing in the establishment of the rock climbing state park shall be construed to impose any new or additional management requirements, restrictions or regulations under the laws of this state on the permitting, management of or the conduct of activities on any lands outside the state park, or to impose restrictions on these activities in addition to those applicable to the same land within and outside the state park, before its designation as a state park. H. Mining and mining related activities carried out by users of lands outside the rock climbing state park do not create a cause of action for any injuries sustained by a person within the boundaries of the state park. 41-511.17. Sustainable state parks and roads fund The sustainable state parks and roads fund is established consisting of monies received pursuant to section 43-622. The Arizona state parks board shall administer the fund. Monies in the fund are continuously appropriated. The Arizona state parks board shall use the monies in the fund to operate, maintain and make capital improvements to buildings, roads, parking lots, highway entrances and any related structure used to operate state parks. 41-511.18. Spur Cross Ranch state park A. The Arizona state parks board shall establish Spur Cross Ranch state park subject to the following conditions: 1. A purchase and sale agreement shall be executed between the Arizona state parks board and at least one owner of Spur Cross Ranch as described in subsection D of this section. The purchase and sale agreement shall be for property that is suitable for a state park consistent with the mission of the Arizona state parks board. The purchase and sale agreement shall be based on an appraisal made by an appraiser who is certified by a nationally recognized appraisal organization. The purchase and sale agreement shall be for a price no greater than the appraised value, but can and may be for a price less than the appraised value. 2. An intergovernmental agreement shall be executed between the Arizona state parks board and a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census. That county shall provide half of the purchase price of the portion of Spur Cross Ranch as determined in the purchase and sale agreement between the Arizona state parks board and at least one owner of Spur Cross Ranch. 3. An intergovernmental agreement shall be executed between the Arizona state parks board and a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census or with cities or towns or with both and that specifies the obligations of the parties to manage and operate Spur Cross Ranch state park. B. If funding is provided for the acquisition of Spur Cross Ranch other than from sources administered by an agency of this state or a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census, the obligation of this state and that county is reduced proportionately by the amount of other funding sources. The use of federal monies for any portion of the costs of acquisition of the Spur Cross Ranch shall not affect this state's jurisdiction over the acquisition, operation or maintenance of the Spur Cross Ranch as a state park. C. The Arizona state parks board may accept gifts and donations toward the acquisition, management and operation of Spur Cross Ranch state park. Any gifts and donations collected shall be deposited in the state parks donations fund established by section 41-511.11 and accounted for separately. The Arizona state parks board shall ensure public access to the Spur Cross Ranch state park. D. Spur Cross Ranch state park consists of all or part of the following described property: 1. Lots 3, 4, 5 and 6; the south half of the northwest quarter; the northwest quarter of the southwest quarter; and the southeast quarter of the northeast quarter, all lying in and being a part of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 2. All of section 5, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona; except the southeast quarter of the southeast quarter of section 5. 3. All of section 6, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 4. The southwest quarter of the southwest quarter of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 5. The southeast quarter of the southeast quarter of section 5, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 6. The northeast quarter of the northeast quarter of section 8, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 7. The northwest quarter of the northwest quarter of section 9, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 8. Lots 1 and 2; and the southwest quarter of the northeast quarter, all lying in and being a part of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 9. The north half of the north half of section 7, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 10. The south half of the southeast quarter of section 7, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 11. The south half of the northeast quarter of section 8, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona. 12. The Catherine lode mining claim, designated by the surveyor general as survey number 4096 embracing a portion of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona, in the cave creek mining district, as conveyed and more particularly described in patent recorded in book 248 of deeds, page 400. 13. The Columbian lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the cave creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10. 14. The Mashackety lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the Cave Creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10. 15. The Mashackety number 1 lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the Cave Creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10. 41-511.19. Catalina state park A. There is established the Catalina state park which may consist of all or a part of the following described property: Sections 13, 24, 25, north one-half of Section 35, Section 36, all in Township 10 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, Section 1, south one-half of Section 2 East of Lago Del Oro Parkway, South one-half of Section 11, west one-half of Section 12, Section 14, all of Section 20 lying east of Highway 89, south one-half of Section 21, south one-half and the northeast one-fourth of Section 22, Section 23, Section 26, Section 27, Section 28, all of Section 29 lying east of Highway 89, all of Section 32 lying east of Highway 89, Section 33, Section 34, all in Township 11 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona, Section 3, Section 4, all of Section 5 lying east of Highway 89, all of Section 7 lying east of Highway 89, all of Section 8 lying east of Highway 89, Section 18, all in Township 12 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona. B. The Arizona state parks board or its successor may lease or purchase from anyone any of the lands described in subsection A for Catalina state park purposes, subject to the availability of funds appropriated for such purposes by the legislature. C. Notwithstanding the provisions of title 37, chapter 2, article 14, relating to the exchange of public lands, the state land commissioner may obtain any of the land described in subsection A by trade of state land of equal value within Pima or Pinal county. 41-511.20. Authorized emergency use of water from Lake Patagonia by city of Nogales A. Notwithstanding any provision of law to the contrary, whenever an emergency exists, as determined by the mayor of the city of Nogales, Arizona, and concurred in by the director of water resources, that there is not sufficient water for use by such city and that there is no other water available from any other practical source, then the state parks board shall, upon request by such mayor, authorize such city to remove from Lake Patagonia such amount of water as needed to supply the city with sufficient water. The city of Nogales shall provide the means for transferring such water. B. The director of water resources shall assess a fee to the city of Nogales for the use of such water based upon the value of the water. Such fee shall be paid by the city to the state parks board Lake Patagonia account. 41-511.21. State parks revenue fund; purpose; exemption A. The state parks revenue fund is established consisting of: 1. Monies received from the sale of park posters, park postcards, books, souvenirs and sundry items pursuant to section 41-511.05, paragraph 4. 2. Monies appropriated by the legislature for the purpose of enhancing state parks. 3. Unconditional gifts and donations specifically designated to the revenue fund, except for unconditional gifts, donations, bequests and endowments deposited in the state parks donations fund pursuant to section 41-511.11. 4. All monies derived from state park user fees, concession fees and other revenue generating activities. 5. Surcharges on park reservations. 6. Sale of park assets. B. The monies in the fund are subject to legislative appropriation: 1. For the operation and maintenance of the state park system. 2. For use by the board to acquire and develop real property and improvements as state parks consistent with the purposes and objectives prescribed in section 41-511.03, subject to review by the joint committee on capital review. C. Monies in the fund shall not be appropriated in a manner that is inconsistent with restrictions in the lease or deed to the property. D. The board may collect monies as a surcharge on park reservations and shall determine the surcharge rate as provided in section 41-511.05, paragraph 8 after considering the costs to plan and administer the reservation system. E. On notice from the board, the state treasurer shall invest and divest the monies in the state parks revenue fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. F. Monies in the state parks revenue fund are exempt from section 35-190, relating to lapsing of appropriations. The purposes for which monies were expended during the preceding fiscal year shall be delineated in the agency's annual report pursuant to section 41-511.12. 41-511.22. Trail systems plan; deposit of monies; definition A. The board shall prepare a trail systems plan that: 1. Identifies on a statewide basis the general location and extent of significant trail routes, areas and complementary facilities. 2. Assesses the physical condition of the systems. 3. Assesses usage of trails. 4. Describes specific policies, standards and criteria to be followed in adopting, developing, operating and maintaining trails in the systems. 5. Recommends to federal, state, regional, local and tribal agencies and to the private sector actions which will enhance the trail systems. B. The plan shall be revised at least once every five years. C. Monies from gifts, grants and other donations received by the board for the trail systems plan shall be deposited in a separate account of the state parks donations fund established by section 41-511.11 and may be allocated by the board for special trail project priorities established annually by the board. D. Monies deposited in the state parks donations fund account shall be used for providing state monies up to an amount equal to the amount of cash, materials and labor from any other source for the planning, acquisition, maintenance or operation of the trails and for administrative expenses of not more than twenty per cent of total account monies. E. For purposes of this section, "trail systems" means coordinated systems of trails in this state. 41-511.23. Conservation acquisition board; land conservation fund; conservation donation and public conservation accounts; livestock and crop conservation fund (Caution: 1998 Prop. 105 applies) A. The conservation acquisition board is established, as an advisory body to the Arizona state parks board, consisting of the following members who are appointed by the governor, at least one of whom shall be experienced in soliciting money from private sources: 1. One state land lessee. 2. One member who is qualified by experience in managing large holdings of private land for income production or conservation purposes. 3. One member of the state bar of Arizona who is experienced in the practice of private real estate law. 4. One real estate appraiser who is licensed or certified under title 32, chapter 36. 5. One member who is qualified by experience in marketing real estate. 6. One representative of a conservation organization. 7. One representative of a state public educational institution. B. The governor shall designate a presiding member of the board. The term of office is five years except that initial members shall assign themselves by lot to terms of one, two, three, two members for four and two members for five years in office. C. The conservation acquisition board shall: 1. Solicit donations to the conservation donation account. 2. Consult with entities such as private land trusts, state land lessees, the state land department, the Arizona state parks board and others to identify conservation areas that are reclassified pursuant to section 37-312 and that are suitable for funding. 3. Recommend to the Arizona state parks board appropriate grants from the land conservation fund. D. The land conservation fund is established consisting of the following accounts: 1. The conservation donation account consisting of monies received as donations. Donations to the account are subject to any lawful conditions the donor may prescribe, including any conditions on the use of the money or reversion to the donor. Monies in the account are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 2. The public conservation account consisting of monies appropriated to the account from the state general fund and monies from any other designated source. In fiscal years 2000-2001 through 2010-2011, the sum of twenty million dollars is appropriated each fiscal year from the state general fund to the public conservation account in the land conservation fund for the purposes of this section. Monies in the account are appropriated for the purposes of this section, and the Arizona state parks board may spend monies in the account without further legislative authorization. Each expenditure of monies from the public conservation account for purposes listed under subsection G, paragraph 2 of this section shall be matched by an equal expenditure of monies from the conservation donation account or from other private or governmental sources. E. If the legislature fails to appropriate monies to the public conservation account in a fiscal year, and if there are no other monies in the public conservation account, the Arizona state parks board may either grant nothing from the fund in that year or, on recommendation by the conservation acquisition board, may grant available monies in the conservation donation account for purposes authorized in subsection G of this section. F. The monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. G. Monies in the public conservation account, with matching monies from the conservation donation account, are appropriated as follows: 1.  A total of two million dollars each fiscal year to the livestock and crop conservation fund. The fund is established for the purposes of this paragraph. Monies in the fund are continuously appropriated to the Arizona department of agriculture for the exclusive purpose of granting monies to individual landowners and grazing and agricultural lessees of state or federal land who contract with the Arizona department of agriculture to implement conservation based management alternatives using livestock or crop production practices, or reduce livestock or crop production, to provide wildlife habitat or other public benefits that preserve open space and for administrative expenses as provided by this paragraph. The department shall administer the fund. On notice from the director of the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. For the purposes of granting monies from the fund pursuant to this paragraph, the department: (a) Shall develop guidelines and criteria for implementation of this program that shall include requiring as part of the application a letter describing the intended use for the grant money. (b) Shall give priority to lessees of state or federal land who reduce livestock production to provide public benefits such as wildlife species conservation or wildlife habitat. (c) Shall not grant more than fifty per cent of the monies in the fund with respect to land in one county in any fiscal year. (d) Is exempt from chapter 6 of this title with respect to adopting rules, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings. (e) Shall award all grants pursuant to chapter 24, article 1 of this title. (f) Shall require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how grant monies were used to achieve the project described in the letter submitted as part of the application. If the project is longer than one year, a written report shall be submitted to the department on an annual basis until the project is complete. (g) May use not more than ten per cent of the monies appropriated to the fund in any fiscal year for the purposes of administering the program. (h) Shall prepare a report of the disposition of monies appropriated to the fund each fiscal year and provide a copy of the report to the governor, to the Arizona state parks board and to any person who requests a copy. 2.  The remainder of the monies to the Arizona state parks board for the exclusive purpose of granting monies to the state or any of its political subdivisions, or to a nonprofit organization that is exempt from federal income taxation under section 501(c) of the internal revenue code and that has the purpose of preserving open space, for the following purposes only: (a) To purchase or lease state trust lands that are classified as suitable for conservation purposes pursuant to title 37, chapter 2, article 4.2. A grant of money under this subdivision to a nonprofit organization is conditioned on the organization providing reasonable public access to any land that is wholly or partly purchased with that money. The organization shall agree with the Arizona state parks board that it will impose a restrictive covenant, running with the title to the land, granting such access and providing for reversion to this state of any interest in the property acquired with money granted under this subdivision on the failure to comply with the terms of the covenant. The Arizona state parks board and the state land commissioner have standing to either enforce the covenant or recover the amount of the grant from the current owner, with interest from the date the grant was awarded to the nonprofit organization. (b) To purchase the development rights of state trust lands throughout this state under the following conditions: (i) The development rights shall be sold at public auction as provided in section 37-258.01. (ii) The lessee of the state trust land at the time the development rights are purchased shall be notified of the purchase in writing. (iii) The purchase of the development rights shall not result in cancellation or modification of the current lease. (iv) The purchase of the development rights shall not affect the existing lessee's current economic use of the land and rights pursuant to title 37, chapter 2, article 4.2. (v) As a condition of the sale of the development rights, the purchaser shall agree in perpetuity not to exercise the development rights and that the land shall remain as open space. (vi) The state trust land shall retain any other rights and attributes as prescribed by law at the time of the purchase. H. For the purposes of subsection G, paragraph 2 of this section: 1.  The Arizona state parks board shall not grant more than fifty per cent of the monies with respect to land in one county in any fiscal year. 2. A grant of money is valid for eighteen months and may be extended one time for twelve additional months if a required public auction has not been held. 3. The Arizona state parks board may adopt rules to establish qualifications of nonprofit organizations for purposes of applying for and receiving money granted. 4. The owner of property that is wholly or partly acquired with money granted shall not restrict or unreasonably limit access to private lands. Any sale of land with money granted shall include a condition requiring that permanent access to private lands be allowed. I. The Arizona state parks board shall administer the land conservation fund. On notice from the board, the state treasurer shall invest and divest monies in either account in the fund as provided by section 35-313, and monies earned from investments shall be credited to a separate administration account to pay the board's expenses of administering the land conservation and acquisition program under subsection G, paragraph 2 of this section, which shall not exceed five per cent of the amount deposited in the public conservation account in any fiscal year or five hundred thousand dollars, whichever is less. Investment earnings in excess of five hundred thousand dollars are appropriated to the Arizona state parks board for the purpose of operating state parks. J. Members of the conservation acquisition board may be reimbursed for travel and lodging expenses and per diem subsistence allowances incurred while on public business for the board. Reimbursement amounts shall not exceed those allowed under title 38, chapter 4, article 2. 41-511.24. Arizona state parks store fund A. The Arizona state parks store fund is established consisting of monies deposited pursuant to a fee schedule for goods and services determined by the Arizona state parks board. The board shall administer the fund. Monies in the fund are subject to legislative appropriation and shall be used by the board to operate and maintain gift shops. B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. All monies in the fund exceeding $1,750,000 at the end of a fiscal year are transferred to the state parks revenue fund established by section 41-511.21. 41-511.25. Arizona veterans memorial state park A. The Arizona state parks board shall establish the Arizona veterans memorial state park subject to the following conditions: 1. The Arizona state parks board purchases the Arizona veterans memorial state park site pursuant to title 37, chapter 2, article 3. 2. The joint committee on capital review approves the design and construction of the memorial. 3. The site purchased pursuant to paragraph 1 of this subsection is located in a county with a population of more than four million persons and within two miles of a veteran's national cemetery. B. The Arizona state parks board may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the county in which the park is located for the maintenance and preservation of the Arizona veterans memorial state park. 41-518. Arizona outdoor recreation coordinating commission; members; powers and duties A. The Arizona outdoor recreation coordinating commission is established. The commission shall be composed of seven members consisting of the director of the Arizona game and fish department, the director of the Arizona state parks board and five members appointed by the governor. The ex officio members may not serve as officers of the commission. Of the members appointed by the governor three shall be professional full-time parks and recreation department directors of a county, city, or town and no two shall reside in the same county. Two members appointed by the governor shall be from the general public and each shall have broad experience in outdoor recreation. Of the five appointed members, no more than two shall reside in the same county. Each appointed member shall be appointed for a term of three years. Appointed members shall be reimbursed for expenses incurred while attending meetings called by the commission as prescribed by section 38-624. B. The commission shall: 1. Review statewide outdoor recreation and lake improvement plans and provide comments to the Arizona state parks board. 2. Review budget proposals for the use of land and water conservation fund surcharges and the state lake improvement fund for planning and administration and provide recommendations to the Arizona state parks board. 3. Establish criteria and policies for the equitable distribution of funding, review applications for eligible projects and determine the amount of funding, if any, for each project to be funded from the land and water conservation fund, the state lake improvement fund and the off-highway vehicle recreation fund. 41-518.01. Authorization for participation in federal land and water conservation fund The state of Arizona, its agencies, counties, cities and towns are granted authority to participate in the "land and water conservation fund act of 1965" as enacted by Public Law 88-578, eighty-eighth Congress. 41-519. Yarnell