2005 Arizona Revised Statutes - Revised Statutes §28-1176  Off‑highway vehicle recreation fund

A. An off-highway vehicle recreation fund is established. The fund consists of:

1. Monies appropriated by the legislature.

2. Monies deposited pursuant to section 28-5927.

3. Federal grants and private gifts.

4. Matching monies from federal, state, local or private entities.

B. Monies in the off-highway vehicle recreation fund are appropriated to the Arizona state parks board solely for the purposes provided in this article. Interest earned on monies in the fund shall be credited to the fund. Monies in the off-highway vehicle recreation fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The Arizona game and fish department shall spend thirty per cent of the monies in the off-highway vehicle recreation fund for an informational and educational program on off-highway vehicle recreation and law enforcement activities relating to this article and for off-highway vehicle law enforcement pursuant to title 17, chapter 4, article 3.

D. The Arizona state parks board shall spend seventy per cent of the monies in the off-highway vehicle recreation fund for the following purposes:

1. No more than eighteen per cent to fund staff support to plan and administer the off-highway vehicle recreation fund.

2. To establish a facility development program based on the priorities established in the off-highway vehicle plan.

3. To establish a matching fund program for funding off-highway related law enforcement, informational and environmental education programs, mitigation of environmental damage, facility development, land acquisition and construction of off-highway vehicle related facilities.

E. The allocation of the monies in the matching fund program prescribed in subsection D, paragraph 3 of this section and the percentages allocated to each of the purposes prescribed in the program shall be determined by an off-highway vehicle plan prepared by the Arizona outdoor recreation coordinating commission and approved by the state parks board.

F. Monies in the matching fund program established under subsection D, paragraph 3 of this section shall be distributed in an amount determined by the Arizona outdoor recreation coordinating commission to a qualified state or federal agency, city, town, county or tribal government. The Arizona state parks board may require additional matching monies that may be direct monies or in-kind services from these entities before the distribution pursuant to this subsection.

G. Agencies receiving monies under this section shall use the monies:

1. To designate, construct, maintain and manage off-highway vehicle recreation facilities, off-highway vehicle use areas and off-highway vehicle trails within land under the jurisdiction of the particular agency.

2. For enforcement of off-highway vehicle laws.

3. For mitigation of damages to land.

4. For off-highway vehicle related environmental education.

H. The Arizona outdoor recreation coordinating commission shall examine applications for eligible projects and determine the amount of funding, if any, for each project.