2002 Ballot Propositions |
Arizona Secretary of State |
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Proposition 101 - PDF |
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| Table of Contents - PDF | |||||
| Voter's Guide - PDF |
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Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article X, Constitution of Arizona, is proposed to be amended as follows, by adding section 12, if approved by the voters and on proclamation of the Governor:
12. Land exchanges for conservation purposes
SECTION 12. A. AFTER PUBLIC NOTICE, THE STATE MAY EXCHANGE LANDS GRANTED OR CONFIRMED BY THE ENABLING ACT FOR OTHER PUBLIC LANDS AS THE LEGISLATURE MAY PROVIDE BY LAW IF THE FOLLOWING CONDITIONS ARE MET:
1. THE EXCHANGE IS IN THE BEST INTEREST OF THE STATE LAND TRUST.
2. THE PURPOSE OF THE EXCHANGE IS TO CONSERVE OPEN SPACE ON TRUST LANDS OFFERED BY THE STATE IN THE EXCHANGE.
3. AT LEAST TWO INDEPENDENT APPRAISALS SHOW THAT THE TRUE VALUE OF ANY LANDS RECEIVED IN THE EXCHANGE EQUALS OR EXCEEDS THE TRUE VALUE OF THE LANDS THE STATE EXCHANGES.
4. AN ANALYSIS OF THE PROPOSED EXCHANGE SHOWS:
(a) THAT THE PROJECTED INCOME TO THE TRUST AFTER THE EXCHANGE EQUALS OR EXCEEDS THE INCOME TO THE TRUST BEFORE THE EXCHANGE.
(b) THE FISCAL IMPACT OF THE EXCHANGE ON EACH COUNTY, CITY, TOWN AND SCHOOL DISTRICT IN WHICH ALL THE LANDS INVOLVED IN THE EXCHANGE ARE LOCATED.
(c) THE PHYSICAL, ECONOMIC AND NATURAL RESOURCE IMPACTS OF THE PROPOSED EXCHANGE ON THE SURROUNDING OR DIRECTLY ADJACENT LOCAL COMMUNITY AND THE IMPACTS ON LOCAL LAND USES AND LAND USE PLANS.
B. LAND MAY NOT BE EXCHANGED UNLESS:
1. PUBLIC NOTICE OF THE PROPOSED EXCHANGE IS PROVIDED THAT INCLUDES A LEGAL AND GENERAL DESCRIPTION OF THE LOCATION OF THE LANDS TO BE EXCHANGED, THE APPRAISED VALUE OF ALL PARCELS OF THE LANDS AND THE TIME AND PLACE OF THE PUBLIC HEARINGS DESCRIBED IN PARAGRAPH 2 OF THIS SUBSECTION. THE NOTICE SHALL BE GIVEN BEGINNING AT LEAST SIX WEEKS BEFORE THE PROPOSED EXCHANGE IN A MANNER PRESCRIBED BY LAW. DURING THIS PERIOD, A COMMENT AND HEARING PROCESS SHALL BE PROVIDED FOR PUBLIC COMMENT ON THE PROPOSED EXCHANGE.
2. PUBLIC HEARINGS ARE HELD AT THE STATE CAPITOL AND IN A LOCATION OF GENERAL ACCESSIBILITY IN THE VICINITY OF THE STATE LANDS BEING EXCHANGED.
C. LAND EXCHANGES ARE NOT CONSIDERED TO BE SALES FOR PURPOSES OF THIS ARTICLE.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
In 1910, the United States Congress passed the Arizona-New Mexico Enabling Act, allowing Arizona to become a state. The Enabling Act granted Arizona millions of acres of land, referred to as "state trust land". The state land trust is intended to produce revenue for various public institutions (schools, colleges, prisons, etc.). The state can lease or sell trust land, and the natural products (timber, minerals, etc.) of the land, only to the "highest and best bidder" at public auction.
In 1936, Congress amended the Enabling Act to give Arizona more flexibility in managing and disposing of trust land by allowing the state to exchange trust land for other public or private lands. The state never amended its Constitution to incorporate that authority for land exchanges, but the state did enact statutes to provide for these exchanges of land. Acting under its statutory authority, the State Land Department has periodically exchanged state trust land with the federal government and with private landowners. In 1990, the State Supreme Court determined that without amending the Arizona Constitution the state cannot conduct land exchanges. Subsequently, the State Land Department ceased the land exchange program.
Proposition 101 would amend the Arizona Constitution to allow the state to exchange state trust land only for other public land and only if the exchange is in the best interest of the state land trust and the exchange conserves open space on the trust land offered by the state. In order to permit the exchange, there must be public hearings to provide for public comment on the proposed exchange, the appraised value of the land the state receives in the exchange must at least equal the appraised value of the trust land the state exchanges, the state trust income must not be reduced, the financial impact of the exchange on each county, city or town and school district in which the lands are located must be analyzed and the physical, economic and natural resource impacts of the exchange on the surrounding community and local land uses and land use plans must be analyzed.
With Proposition 101, we have a tremendous opportunity to preserve our open space and increase funding for education at the same time. It's a win-win situation.
Currently, some of the most beautiful places in Arizona are part of the State Land Trust. The state is required to sell or lease this land to the highest bidder, with the proceeds going to public education. There are no safeguards to protect these precious landscapes from being purchased by developers and turned into parking lots and shopping malls.
But Prop 101 changes that. It allows public-to-public land exchanges, so that the state can exchange trust land for other public land of equal or greater value. Prop 101 also contains many safeguards to ensure that any exchanges are in Arizona's best interests. Public hearings must be conducted so that everyone has an opportunity to voice their opinion, and the trust land that is exchanged must be conserved forever as open space. And since the land the state receives in trade must be of equal or greater value, more money will go to public education.
All of us in Arizona will benefit from the passage of Prop 101. Some of the state's most scenic areas will be preserved, and our schools will receive more money at the same time. That is why we should all vote YES on 101!
I join the education community, advocates for the preservation of our military air bases, business community, and rural and ranching communities in voicing my strong support for a "YES" vote on Proposition 101. Proposition 101 would give the Land Department authority to engage in land exchanges with other governmental entities, only when the Trust land offered by the State will remain "open space," when the value of the land received in the exchange is equal to or exceeds the value of the Trust land, and when the exchange is in the Trust's best interest.
It's time to give Arizona authority to enhance management of our Trust lands, which were given to Arizona at statehood primarily for the benefit of public schools. It is projected that income from Trust lands will bring billions of dollars to public schools over the next ten years.
Proposition 101 also can help Arizona address quality of life and conservation issues. Along with the requirement that exchanged land be used for open space, exchange authority would provide an avenue to recapture the 400,000 acres of Arizona Trust land, much of which is surrounded by federal land and currently unavailable for use, including 100,000 acres located within the recently created national monuments. In addition, it will help preserve our military air bases and assist with local planning issues.
I strongly urge a "YES" vote on Proposition 101.
Proposition 101 answers an important question that has plagued Arizona for years: how can we preserve parts of the State Land Trust without cutting funds for education?
In 1912, Arizona received over nine million acres of land from the federal government, known today as the State Land Trust. The state is required to sell or lease the trust land, with the money going to public education. While I believe strongly that a portion of state lands must be preserved for future generations of Arizonans, our schools do not have to lose out as a result.
Prop 101 will help us conserve our open space without devaluing the trust. It allows for public-to-public land exchanges, enabling the state to exchange trust land with the federal government for land of equal or greater value. Because the land the state receives back is of equal or greater value, public education can only gain more money from the exchange. Safeguards are also included to make sure that any exchanges are in Arizona's best interests. Public hearings are required to give everyone the chance to voice their opinion on the exchange, and the trust land exchanged must be conserved forever.
As Arizona's Superintendent of Public Instruction and as a native Arizonan, I know that Proposition 101 is good for our state. Our children's children will be able to experience Arizona's natural beauty. Money from State Land Trust will continue to provide our schools with valuable resources. All of us in Arizona will benefit from the passage of Prop 101, and I urge you to vote YES on 101.
Jaime A. Molera, State Superintendent of Public Instruction, Phoenix |
When Arizona became a state, the Federal Government gave the state Trust Lands to be used to benefit the public schools of Arizona. Since statehood, these Trust Lands have generated over $1 billion to the Trust permanent fund. The sale and lease of these trust lands are expected to double the value of the fund in the next ten years. Balancing the need to increase the permanent fund to benefit schools with the need to preserve unique trust lands for future generations requires special tools for the trust lands manager, the State Land Department.
Currently, some of the most beautiful places in Arizona are part of the State Land Trust. The state is required to sell or lease this land to the highest bidder. No safeguards exist to protect these precious landscapes from being bulldozed for parking lots or strip malls. Our state treasures go to the highest bidder, no questions asked.
Proposition 101 changes that. It allows public-to-public land exchanges, enabling the state to exchange trust land for other public land of equal or greater value. The trust land that is exchanged must be conserved forever as open space. This will preserve thousands of acres as national monuments. And because the land the state receives in trade must be of equal or greater value, our schools will only gain more money from the exchange!
All of us in Arizona will benefit from Proposition 101. Our breathtaking scenery will be preserved, our schools will receive more money, and our state will become a better place to live. Vote YES on 101!
Harold Porter, Executive Director, Arizona School Administrators, Phoenix |
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When Arizona gained statehood in 1912, the U.S. Congress passed an Enabling Act that granted the state over nine million acres of land to be held in a public trust. The revenue from the sale or lease of this state trust land would primarily go to increase public education funding.
This presents a dilemma. Some of the most beautiful land in Arizona is in the State Land Trust, and should be conserved as open space. But the state is required to sell or lease it, so it cannot be conserved. That is where Prop 101 comes in, allowing public-to-public land exchanges for the purpose of conservation. This will help us preserve the awe-inspiring scenery of our state as national monuments, without sacrificing education dollars.
Proposition 101 will benefit our schools and our environment, because the land exchanges are allowed only under the following limited conditions:
These safeguards ensure that Prop 101 is good for all of Arizona. Our precious open space will be preserved, and since the exchange can only increase the value of the trust, more money will go to the education of our children. Please vote YES on Prop 101!
Many of Arizona's rich natural resources are found on the 9.3 million acres of state trust lands scattered throughout the state. These lands are often interspersed in a checkerboard pattern of private and public lands creating management challenges for all. Currently these lands cannot be exchanged with other lands to create larger, contiguous parcels under common ownership.
Prop 101 would grant authority to exchange Arizona State Trust land,and help alleviate the checkerboard pattern. This should facilitate habitat conservation in many places by consolidating management responsibility under one owner.
To ensure that land exchanges are in the best interest of the trust and trust beneficiaries, our natural resources and local communities, they should only occur within certain parameters.
Prop 101 addresses this issue by requiring the following for all exchanges:
We believe our state trust land mandate must be reformed to reflect the realities of life in the twenty-first century. Prop 101 is a good first step.
Patrick Graham, Executive Director, The Nature Conservancy of Arizona, Glendale |
Bruce Williams, Chairman, Board of Trustees, The Nature Conservancy of Arizona, Paradise Valley |
At statehood, four sections of land in every township were set aside for the benefit of the state's public schools. 87% of the remaining 9.2 million acres of state trust lands are currently held in trust for Arizona's public schools. Proposition 101 provides for very narrow exchange authority for state trust lands and is limited to exchanges with other public entities and only for conservation purposes. Exchanges with private landowners are not allowed under the provisions of Proposition 101.
Proposition 101 provides that any exchange must be in the best interest of the Trust as determined through two independent appraisals; requires public hearings in the areas around the proposed exchange and an analysis of the financial impact on local communities and school districts. Proposition 101 accomplishes two goals simultaneously: conservation of some of Arizona's most unique terrain by allowing other public bodies to acquire and preserve it and enhancement of the Trust by allowing other lands to be acquired.
ASBA believes the state trust lands can be better managed if the holdings can be consolidated through exchanges with other public bodies. Over 400,000 acres of trust lands are currently trapped within federal monuments and need to be traded for other federal lands. Proposition 101 would allow this to happen.
Congress and Arizona's founding fathers had great foresight in setting aside such a wealth of land for the benefit of Arizona's public school children. By voting YES on Proposition 101, you as a voter can help to enhance this asset for Arizona's children and for future generations.
Harry Garewal, President, Arizona School Boards Association, Phoenix |
Cheryl Main, Vice President, Arizona School Boards Association, Phoenix |
With Proposition 101, we have a tremendous opportunity to preserve our open space and increase funding for education at the same time. It's a win-win situation.
Arizona is known throughout the world for its beautiful landscapes, like the Grand Canyon, Monument Valley, and the Painted Desert. Some of this land has been preserved as national monuments, but a large portion of it is state trust land. This is land that must be sold or leased, with the proceeds going to public education. The land cannot be conserved, because the state is required to sell it off. There is nothing to prevent our open space from being paved over and ruined.
Proposition 101 will allow us both to conserve our state's natural treasures without cutting funding to our schools. It enables the state to exchange trust land for other public land, to conserve that trust land forever. Prop 101 also requires that the land we receive in the trade be of equal or greater value, so that our schools can gain more money as a result of the exchange.
Proposition 101 is a winning idea for everyone in Arizona. Miles of pristine open space will be preserved as national monuments, and with the land the state receives in trade, more money will go to educate our kids.
Eddie Basha, Chairman, Trust Lands for Education Committee, Phoenix |
Voting YES on Proposition 101 will facilitate the preservation of substantial tracts of state trust lands, including state trust lands located in the urban areas that can be the subject of exchanges made to enhance or provide important components of community open space areas, while providing full value to the trust beneficiaries (primarily the public schools).
In the metro Phoenix area, for example, there are nearly 170,000 acres of state trust lands, of which one-fourth or more has topographical and other characteristics that could make the land suitable for conservation. Proposition 101 provides Arizona communities and the State Land Department with an important and necessary tool to allow these kinds of set-asides to occur. Importantly, requiring that full value be given to this land in a form of exchange property based on the interests of the beneficiaries.
In practical terms, this is a "win-win" for the trust beneficiaries and our communities. The proper application of Proposition 101 will result in substantial state trust land holdings being conserved while allowing the public schools and other state land trust beneficiaries to realize the returns guaranteed to them by the Enabling Act and the Constitution.
Connie Wilhelm, Coalition Coordinator, Arizonans For Responsible Planning, Phoenix |
Yes on Conservation Land Exchanges
The Water Resource Institute has studied this land exchange for conservation proposal and concluded it would be an excellent way to conduct government to government land exchanges for preserving Arizona's heritage. We need more sensible conservation tools like Prop 101 to implement growing smarter planning efforts. Please join us by voting YES on Prop 101. See www.WaterResources.org
Mark Lewis, Executive Director, Water Resource Institute, Phoenix |
YES on 101 - Public to Public State Trust Land Exchanges
Arizona is blessed with millions of acres of State Trust Land that were set aside at Statehood for the benefit of our public schools and the children who attend them. The revenues created from the sale and lease of school trust lands are used to fund our public school system.
Each year, millions of dollars go to public education to help meet this important obligation.
Unfortunately, Arizona does not have the necessary tools in place to create an even greater benefit for our public schools and our quality of life - Public to Public land exchanges. Thousands of acres of our State Lands are land locked by federal lands, parks, and wilderness areas making these State Lands nearly worthless to our public education system. Proposition 101 provides a new tool to preserve these landlocked parcels forever, while allowing Arizona and our public schools to receive new lands in exchange.
Passage of Prop 101 would ensure that state trust land that is involved in an exchange will be preserved for the citizens in this great state and that the public land received in exchange would be available for sale or lease to provide needed funding for our public schools.
Please join us in voting Yes to support this important tool in conserving state trust land while ensuring that needed funding goes to our public schools.
The Sierra Club opposes Proposition 101 because it does not ensure conservation of the land and it does not guarantee adequate public review and comment opportunities. The last thing Arizona needs is more bad land deals. Proposition 101 will give us that.
We believe that these land exchanges should be subject to a full environmental impact analysis, full public review and input with the public given adequate notice and opportunity to review and comment, and that a citizen review commission for exchanges should be established. This proposition does not provide that.
Proposition 101 allows both out-of-state and three-way exchanges. Without a limitation on three way exchanges, the state can do private exchanges by using the federal government as the "middle man." That makes the language limiting exchanges to public entities pretty meaningless.
Already, some of the federal land exchanges in Arizona have resulted in bad deals for the public. In one exchange, the public got just over 600 acres while the developer got 4000 acres.
In 1990, as a result of a challenge to some questionable land exchanges the Arizona Supreme Court ruled that state land exchanges are unconstitutional. To address this court decision, the Legislature tried to amend the Constitution by placing measures on the ballot four times. Referenda appeared on the ballot in 1990, 1992, 1994 and 2000 -- three times as stand-alone measures and most recently as part of 2000 ballot measure. The voters rejected all of these measures.
This measure says the exchange must include conservation, but it does not say how much, so an exchange could allow for conservation of a couple of acres while opening up the rest of the land for development.
Please vote no on Proposition 101.
Rich Genser, Chair, Sierra Club - Grand Canyon Chapter, Tucson |
Don Steuter, Conservation Chair, Sierra Club - Grand Canyon Chapter, Phoenix |
The Sonoran Institute opposes Proposition 101 because it is harmful to ongoing broad-based efforts to create comprehensive reform of state trust land policy--reform that is much-needed because current policy was created some 90 years ago. The governor's own Growing Smarter Commission recently recommended comprehensive reform of state trust land policy. It's time to bring state trust land policy to the second millenium, but Proposition 101 falls far short of the true reform that is necessary.
In addition, Proposition 101 gives the legislature too much power without proper public oversight. The only thing Proposition 101 ensures is more piecemeal policy.
A group of dedicated citizens from a broad spectrum of business, education, and conservation interests has been working for a year on meaninful, comprehensive reform of Arizona's state trust land policies. Proposition 101 would seriously undermine this much-needed effort.
Please help us support comprehensive reform instead of piecemeal policy changes that would lead to more of Arizona's precious land heritage being lost:
Luther Propst, Executive Director, Sonoran Institute, Tucson |
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Grand Canyon Trust opposes Proposition 101, which would allow the state to exchange away state-owned lands. State land exchanges have been ruled unconstitutional by the Arizona Supreme Court. This measure seeks to reverse the court's judgment. Four similar land exchange measures have been voted down by the voters since 1990 - why do they keep bringing it back? Arizona's citizens have said no to it FOUR times already!
The first thing that would happen if this measure passes is that a state-federal land exchange, developed by Governor Hull, would be implemented. This land exchange would give away hundreds of thousands of acres of existing public lands for future development. This includes nearly 200,000 acres near the Grand Canyon that could be developed!
Through Proposition 101, the state can ultimately make more land available to private developers. While the measure says the exchange must include conservation, it does not say how much, leading to the possibility of exchanges that conserve a couple of acres while opening up the rest of the land for development.
Proposition 101 would not ensure conservation of the land and it would not guarantee adequate public review and input nor full environmental impact analysis. The last thing Arizona needs is more bad land deals, leading to more unmanaged growth and sprawl. Proposition 101 will give us just that.
The Grand Canyon Trust urges you to VOTE NO on Proposition 101.
Evelyn Sawyers, Deputy Secretary, Grand Canyon Trust, Flagstaff |
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The Arizona League of Conservation Voters opposes Proposition 101, which would allow the state to exchange state trust lands for other public lands. Prop 101 would allow exchanges to occur between different entities, such as federal-state exchanges, and could potentially involve out-of-state exchanges and three-way exchanges. The end result of this land swap scheme would be to open our public lands to development and sprawl without ensuring that adequate conservation and public review takes place.
Historically, land exchanges in Arizona have been bad for conservation and have not served the public interest. Rather, they have often resulted in significant benefits for developers, leaving our public lands and the people of Arizona with the short end of the stick.
Land exchange authority has been placed on the ballot by the Arizona Legislature four times. Every single time, the public has rejected these measures. There have been too many cases in Arizona where thousands of acres have been opened to development and exploitation, with only a few hundred acres conserved as a result of land exchanges. Prop 101 will take us back to that legacy of bad land deals.
Prevent unmanaged growth and sprawl on Arizona's public lands.
George Clark, President, Arizona League of Conservation Voters, Phoenix |
Anne Graham-Bergin, Vice President, Arizona League of Conservation Voters, Tucson |
| BETSEY
BAYLESS Arizona Secretary of State |
Disclaimer | � September 2002 |
