Sec 3-3306. Application process

A. The department shall establish a procedure for submitting applications and granting monies each year from the Arizona agricultural protection fund consistent with the requirements and guidelines of this article. Priority shall be given to funding projects for which matching monies or assets of comparable value, including in-kind donations, will be provided by other sources.

B. The applicant shall submit the application to the commission, with a copy to the department. The commission shall evaluate the application and submit its recommendations to the department consistent with the requirements of this article. The applicant shall submit the following information as part of the application for funding an agricultural easement proposal:

1. The name of all owners of title to and interests in the land proposed for the agricultural easement, including:

(a) The holders of any mortgages, deeds of trust and other security interests in the land.

(b) The holders of any other easements on or across the land.

(c) Any lessees, holders of mineral rights or other persons who have an interest in the use, occupancy or access to the land.

2. A legal description of the land.

3. The name of the proposed easement holder.

4. The total cost of the proposed agricultural easement, including:

(a) The amount proposed to be funded by a grant from the Arizona agricultural protection fund.

(b) The amount, source and nature of all other consideration, if applicable, including cash donations, grants, gifts, debt financing, in-kind donations, exchanges and services.

5. A description of how the proposed agricultural easement meets the purposes listed in section 3-3302 and which of those criteria the proposed easement addresses.

6. Any other information that the commission or the department considers necessary to adequately evaluate the application.

C. In addition to the information prescribed by subsection B of this section, the applicant shall also submit:

1. A copy of the document creating the proposed easement.

2. If the proposed easement holder is a private nonprofit organization:

(a) Notification that this state holds the second position on the easement agreement. For purposes of this subdivision, holding the second position on an agricultural easement authorizes this state to enforce the easement provisions if the qualified easement holder fails to do so.

(b) A statement of the specific duties of the easement holder to this state.

D. The commission shall:

1. Provide for public involvement regarding the applications submitted to the commission.

2. Notify any person who requests notice of applications submitted pursuant to this section.

3. Provide a reasonable opportunity for comment on the applications for a period of at least forty-five days.

4. Consider all written and oral comments received.

5. Submit its recommendations to the director with supporting findings and analyses.

E. The director shall develop a mediation program to resolve disputes between landowners and the holder of any of the agricultural easements acquired under this chapter.