ARTICLE 1. MILITARY INSTALLATION FUND

New Article 1, consisting of Sections R8-3-101 through R8-3-114, recodified from 20 A.A.C. 1, Article 5, under Laws 2010, Ch. 208, at 18 A.A.R. 848, effective March 15, 2012 (Supp. 12-1).

Article 1, consisting of Sections R8-3-101 through R8-3-104, repealed under an exemption from the provisions of A.R.S. Title 41, Chapter 6, effective March 25, 1998 (Supp. 98-1).

R8-3-101. Definitions

R8-3-102. Notice of Application Deadline and Public Comment Period

R8-3-103. Administrative Review

R8-3-104. Application for Acquisition of Private Property

R8-3-105. Application for Project Funding

R8-3-106. Leaving an Application on File

R8-3-107. Department Solicitation of Comments

R8-3-108. Department Report to Commission and Notice of Hearing

R8-3-109. Scoring Applications for Acquisition of Private Property

R8-3-110. Criteria for Projects

R8-3-111. Military Affairs Commission Recommendations

R8-3-112. Department Decision

R8-3-113. Military Installation Preservation and Enhancement Project Reporting Requirements

R8-3-114. Appeals

ARTICLE 2. RANGES AND TRAINING SITES

Section

R8-3-201. Purpose

R8-3-202. Non-military "Organizations"

R8-3-203. Personal Use of Firing Ranges

R8-3-204. Planning and Scheduling

R8-3-205. Range Fees

R8-3-206. Other User Fees

Exhibit 1. Non-exclusive License Agreement to Use Ranges, Training Areas, and Facilities

Article 1 was repealed under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; and the Department did not hold public hearings on the rulemaking action.

ARTICLE 1. MILITARY INSTALLATION FUND

R8-3-101. Definitions

In addition to the definitions provided in A.R.S. § 26-261, the following definitions apply to this Article unless the context otherwise requires:

1. "Accident potential zone" has the meaning in A.R.S § 28-8461(1) and (2), as shown in the maps incorporated by reference in subsection (4).

2. "Clear zone" has the meaning in A.R.S. § 28-8461(8).

3. "Development right" means the right to undertake and complete the development of real property for a particular use.

4. "High noise zone" means an area designated as "a high noise zone" on the military facility maps listed below. The maps are available from the Department, incorporated by reference, and do not include any later revisions:

a. Airport Vicinity Map for Luke Air Force Base dated June 20, 2002;

b. Luke Air Force Base Auxiliary Airfield 1, dated March 1, 2004;

c. Marine Corps Air Station Yuma Land Use Boundaries, dated July 19, 2001;

d. Yuma Air Station Auxiliary Airfield 2, dated July 20, 2004;

e. Gila Bend Auxiliary Airfield, dated October 8, 2004;

f. Figure 5-1 (Notional Noise Contours) and Figure 5-2 (Compatible Land Use Plan Zones) from the Davis-Monthan Air Force Base Joint Land Use Study dated February 2004; and

g. Fort Huachuca Military Reservation, Map 7 from the City of Sierra Vista General Development Plan, dated October 24, 2002.

5. "Military Affairs Commission" means the Arizona Military Affairs Commission established under A.R.S. § 26-261.

6. "Military installation" has the meaning in A.R.S. § 26-261(F).

7. "Property" means all real property including development rights.

Historical Note

Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-501 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-102. Notice of Application Deadline and Public Comment Period

A. The Department shall publish the application deadline for awards from the military installation fund established under A.R.S. § 26-262 in a newspaper at least 60 days before the application deadline, as well as posting it on the Department's web site, announcing it to the news media, and making it available from the Department during normal working hours.

B. The Department's notice shall state that copies of submitted applications will be available for public review at the Department and that members of the public may submit written comments to the Department within the time specified in the notice.

Historical Note

Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-502 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-103. Administrative Review

The Department shall perform a review of an application within 45 days from the application deadline, and shall return any application not meeting the requirements of this Article with a written notice of deficiencies. The applicant may resubmit the application with the deficiencies corrected within 15 days from the date on the written notice of deficiencies. The Department shall reject any application not resubmitted with deficiencies corrected within the 15 days. The Department shall complete the administrative review in 60 days from the date of the application deadline, and shall not accept any further revisions or additions to any application after receipt of original application unless specifically requested by the Department.

Historical Note

Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-503 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-104. Application for Acquisition of Private Property

A. The applicant shall submit an application and four legible copies of the completed application to the Department.

B. An applicant shall comply with the requirements of this Section according to the deadline published under R8-3-102. The applicant shall provide the following information, on or with the application form:

1. The property owner's name, mailing address, telephone number and, if available, fax number and e-mail address;

2. If applicable, the name of the property owner's representative or agent, and the mailing address, telephone number and, if available, fax number and e-mail address;

3. If the property owner is represented by another person, written consent for representation signed by the property owner;

4. A completed "Application Checklist" form available from the Department, listing all items included as part of the application;

5. The legal description of the location of the property;

6. A statement of the property the owner is offering for acquisition;

7. A map of the real property showing its relationship to the specified military installation;

8. The date the property was acquired by the current property owner;

9. A statement of legal ownership by the property owner;

10. A list of all known recorded or unrecorded mortgages, encumbrances, liens, and easements on the property;

11. A statement disclosing any known environmental conditions on the property;

12. A written description of any improvements and the date the improvements were made upon the property;

13. A narrative explaining the applicant's eligibility to apply for an award from the military installation fund;

14. The amount of funds requested, and the amount and source of any supplemental funding available for the acquisition;

15. A written explanation describing the property owner's inability to use or limitation on the use of the property and how long the inability or limitation has existed due to state and local military planning and zoning mandates;

16. A written explanation of measures taken by the applicant to mitigate the impact of the military installation on the property and the property owner;

17. Any documents from the military installation, city, town, county, or other entity or individual that support or oppose the proposed acquisition;

18. A written explanation or other documentation providing information the applicant believes will assist the Department and the Military Affairs Commission regarding the acquisition request; and

19. The signature of the property owner or the owner's representative verifying that all information in the application is accurate and correct to the best of the property owner's or the representative's knowledge, under penalty of perjury.

Historical Note

Adopted effective September 27, 1985 (Supp. 85-5). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-504 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-105. Application for Project Funding

A. A city, town, or county seeking funding for a military installation preservation and enhancement project (project) shall submit an original application and four legible copies of the completed application to the Department as prescribed in this Section and according to the deadline published under R8-3-102. The applicant under this Section is the representative authorized by the requesting jurisdiction.

B. The applicant shall provide the following information, as applicable, on or with the application form:

1. The name of the requesting jurisdiction;

2. The applicant's name, mailing address, telephone number and, if available, fax number and e-mail address;

3. The date the project request was approved by the requesting jurisdiction;

4. A completed "Application Checklist" form available from the Department, listing all items included as part of the application;

5. The names of the persons or organizations the jurisdiction will work with on the project;

6. The name of the proposed project with a brief summary of the project proposal;

7. A written narrative explaining the project in detail, including how it will preserve or enhance the military installation and any proposed starting and ending dates;

8. The estimated budget for the project, with a description of any other funding source that may be used;

9. The amount of funding requested from the military installation fund;

10. If the project includes proposed acquisition of private property, the information and items required under R8-3-104, as applicable;

11. A statement of any past action taken by the jurisdiction to preserve or enhance the military installation;

12. Any documents from the military installation, city, town, county, or other entity or individual that support or oppose the proposed project;

13. A written explanation or other documentation the applicant believes will assist the Department and the Military Affairs Commission regarding the project request; and

14. The signature of the applicant verifying that all information in the application is accurate and correct, to the best of the applicant's knowledge, under penalty of perjury.

Historical Note

New Section recodified from R20-1-505 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-106. Leaving an Application on File

An applicant may leave a complete application with no deficiencies on file with the Department for a maximum of five years. The Department shall consider the application each year along with all new applications received if the applicant submits a written request to the Department during the annual application period under R8-3-102. The Department shall rank each application each year regardless of years under consideration. The applicant shall include the following information in the written request:

1. The name of the property owner, or the name of the requesting jurisdiction, as originally filed with the Department; and

2. Either a statement that the information in the application as previously submitted is current, or a statement of specific amendments to the original application.

Historical Note

New Section recodified from R20-1-506 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-107. Department Solicitation of Comments

Before providing the Military Affairs Commission with its recommendation regarding an application, the Department shall contact the applicable military installation, city, town, county, and any other entity that may have an interest in the application. The Department shall request written comments regarding the application.

Historical Note

New Section recodified from R20-1-507 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-108. Department Report to Commission and Notice of Hearing

A. The Department shall compile and forward to the Military Affairs Commission a report that includes the following:

1. All applications accepted as complete under R8-3-103;

2. Any written comments received under R8-3-102(B) and R8-3-107;

3. All evaluation scores and ranking under R8-3-109;

4. Available funding calculated using the funding formula under A.R.S. § 26-262(G); and

5. The recommended funding distribution.

B. At least 14 days before the Commission meeting at which applications will be considered, the Department shall provide each applicant with a written notice of the date, time, and location of the meeting, and a copy of the Department's report.

Historical Note

New Section recodified from R20-1-508 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-109. Scoring Applications for Acquisition of Private Property

The Department shall rank applications in order of score. The Department shall use the following evaluation criteria to score applications for acquisition of private property. The Department shall give an application a score under either subsection (1) or (2) but not both:

1. Location of the property. When there is a range of points, the Department shall assign the highest score to property in closest proximity to a runway. If the property is in more than one zone, the Department shall assign the highest applicable score.

a. Clear zone: 300 points;

b. Accident potential zone 1 defined in A.R.S. § 28-8461(1): 250-290 points;

c. Accident potential zone 2 defined in A.R.S. § 28-8461(2), including compatible use zone II as shown in the map incorporated by reference in R8-3-101(4)(f): 200-240 points;

d. High noise zone, according to the day-night sound levels in decibels under A.R.S. § 28-8481(J):

i. Decibel level 85 or more: 190 points;

ii. Decibel level 80-84: 175 points;

iii. Decibel level 75-79: 160 points;

iv. Decibel level 70-74: 140 points; or

v. Decibel level 65-69: 125 points.

2. Property located outside of clear zones, accident potential zones, and high noise zones, but which, based on written input, is vital to the preservation or enhancement of a military installation: 0 -175 points;

3. The extent of the property owner's inability to use, or limitation on the use of the property according to zoning regulations and state statute enacted for the preservation of the military installation: 0 - 95 points;

4. Based on written input, the acquisition of the property by the state may prevent or reduce encroachment or other activity that could hinder preservation of the military installation or its ability to accomplish its mission: 0 - 90 points;

5. The length of time that the property has been owned by the applicant, with the highest score going to the longest period of ownership: 0 - 80 points; and

6. Measures the applicant has taken to preserve the military installation or to mitigate any impacts of the military installation: 0 - 60 points.

Historical Note

New Section recodified from R20-1-509 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-110. Criteria for Projects

The Military Affairs Commission shall consider the following criteria in evaluating military installation preservation and enhancement projects under R8-3-105:

1. How the project will preserve or enhance the military installation;

2. The availability of additional funding for the project from other sources;

3. Whether acquisition of property for the project could prevent or reduce encroachment or other activity that could hinder preservation of the military installation, or the ability to accomplish its mission;

4. Past actions taken by the jurisdiction to preserve the military installation;

5. Whether or how the project will improve the condition of the military installation, land, facilities, or associated airspace through multi-use opportunities; and

6. Whether and how the project will mitigate impacts of the military installation on the surrounding community.

Historical Note

New Section recodified from R20-1-510 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-111. Military Affairs Commission Recommendations

A. The Military Affairs Commission shall review the Department's report under R8-3-108. The Commission may allow oral testimony at its open meeting for review of applications.

B. The Military Affairs Commission shall determine its recommendation to the Department based upon:

1. The likelihood of the proposed project or the acquisition of private property to preserve and enhance the mission of a military installation, and

2. The economic efficiency of applying the fund for the greatest protection or enhancement of a military installation.

C. The Commission shall transmit its written recommendation under A.R.S. § 26-262(D) to the Department, including any direction and alternatives to the Department, within seven days of its decision.

Historical Note

New Section recodified from R20-1-511 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-112. Department Decision

The Department shall review the recommendations of the Military Affairs Commission and decide whether to accept, accept with a reduced amount, or deny an application submitted under R8-3-104 or R8-3-105, and shall provide each applicant with a copy of its written decision within 21 days of the Military Affairs Commission's recommendation. The Department shall include in its written decision the reasons for denial or reduction and include a copy of R8-3-114. Payment from the fund for acquisition of private property is contingent upon satisfactory completion of legal requirements for acquisition of property within nine months of the Department's written decision.

Historical Note

New Section recodified from R20-1-512 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-113. Military Installation Preservation and Enhancement Project Reporting Requirements

A. For the purpose of this Section, a "successful applicant" is any jurisdiction awarded funds for a military installation preservation and enhancement project from the military installation fund under this Article.

B. Each successful applicant shall provide the Department with a written report within six months of the Department's decision under R8-3-112 on the progress of the project for which it received funds, and shall include in the report an accounting of military installation fund monies received and used. The successful applicant shall make additional written reports to the Department every six months until completion of the project, or until all requirements for the acquisition are completed.

Historical Note

New Section recodified from R20-1-513 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

R8-3-114. Appeals

A. An applicant whose application for military installation funding is denied or the amount reduced by the Department may file an appeal with the Department by submitting a letter to the Director providing reasons for protesting the decision within 30 days of the date of the final written decision under R8-3-112.

B. The Director shall review the substance of the protest and respond in writing, by mail to the applicant, within 30 days of receipt of the protest.

C. Appeals from the Department decision are prescribed in A.R.S. Title 41, Chapter 6, Article 10, Uniform Administrative Hearing Procedures.

Historical Note

New Section recodified from R20-1-514 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1).

ARTICLE 2. RANGES AND TRAINING SITES

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-201. Purpose

This Article is intended to outline the special policies and procedures established for non-military users of ranges (including indoor), training areas, and facilities controlled or operated by the Arizona Army National Guard.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-202. Non-military "Organizations"

A. All non-military organizations are required to execute AGO Form 350-6-1-R, "Nonexclusive License to Use Ranges, Training Areas, and Facilities", prior to any use. Arizona National Guard members and their dependents are exempt from this requirement.

B. AGO Form 350-6-1-R license agreements will be approved for periods not to exceed six months. Longer agreements will be negotiated separately. See AGO Form 350-6-1-R at the end of this Article.

C. Non-military organizations are required to provide proof of liability insurance in the amount of $1,000,000/$1,000,000 for bodily injury and $100,000 for property damage.

D. All non-military organizations will be subject to having an AZ ARNG safety officer present as a precondition of approval to conduct certain training, testing, or operations as determined by the Arizona Army National Guard. Whenever a safety officer is required, the using organization will reimburse the Arizona Army National Guard for the pay and allowances of the safety officer.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-203. Personal Use of Firing Ranges

A. Arizona National Guard members and their dependents. Limited use of firing ranges is authorized for active and retired members of the Arizona National Guard and their dependents. Use will be on a non-interference basis. To be eligible, the following safety provisions must be satisfied:

1. The National Guard member will serve as sponsor to the member's dependents and must be present during all shooting.

2. The National Guard member must be safety certified within the past year to use firing ranges personally or to serve as sponsor for the member's dependents. Certification classes are conducted monthly by the Training Site Support Division with the assistance of members of the State Marksmanship Team. For class schedule, call (602) 267-2651.

B. All other persons. The personal use of firing ranges by individual shooters is prohibited except for members of the Arizona National Guard and their dependents as described above. All other persons must be members of an organization which holds the aforementioned insurance coverage and has executed AGO Form 350-6-1-R, non-exclusive license agreement.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-204. Planning and Scheduling

A. Planning and scheduling is done in accordance with AZ ARNG Pam 350-6. Non-military use will be scheduled so as not to interfere with military training. Military training has priority over all users.

B. Confirmation. The proponent agency for this regulation will insure written confirmation to requesting organizations in a timely manner. Once a training range, site, or area has been requested, follow-up coordination is the responsibility of the requesting organization. Allow 15 days for the request to be processed. Fees must be paid at the time of application. Coordination can be made by telephone: commercial (602) 267-2651 or DSN 853-2651.

C. Cancellations. Using organizations must make notice of cancellation known immediately to insure prompt availability to others. Likewise, the Arizona Army National Guard will make speedy notification to users of any forced cancellation of approved requests. No refund of fees will be made if the range is cancelled by the requester within 72 hours of the scheduled event.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-205. Range Fees

Range fees offset the cost of range maintenance and operations.

1. No Fees Due. Arizona National Guard members and their dependents do not pay range fees.

2. Fees Due. Non-military organizations must pay range fees.

3. Fee Schedule. Fees are $2.00 per person, per day, per use, for outdoor ranges and $4.00 per person, per day for indoor ranges. Fees will be made payable to "Treasurer of the United States" and must accompany the training request form.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).

The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

R8-3-206. Other User Fees

Using organizations are subject to reimbursable costs associated with their scheduled use of Arizona Army National Guard ranges, training areas, and facilities. Costs normally charged back to the user include electricity, phone service, water, gas, linen service, portable latrines, and the like. Such charges are assessed on a pro rata basis. When levied, such charges are computed by the Arizona Army National Guard and agreed to in advance by the requesting organization.

Historical Note

Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1).