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

1. 1. Monies appropriated by the legislature.
2. 2. Monies deposited pursuant to sections 28-1177 and 28-5927.
3. 3. Federal grants and private gifts.

C. The Arizona game and fish department shall spend thirty-five percent of the monies in the off-highway vehicle recreation fund for:

1. 1. Informational and educational programs related to safety, the environment and responsible use with respect to off-highway vehicle recreation.
2. 2. Law enforcement activities relating to this article.
3. 3. The administration of the indicia program.
4. 4. Off-highway vehicle law enforcement pursuant to title 17, chapter 4, article 3, including seven full-time employees to enforce this article and title 17, chapter 4, article 3.

E. The Arizona state parks board shall spend sixty percent of the monies in the off-highway vehicle recreation fund for the following purposes:

1. 1. No more than twelve percent to fund staff support to plan and administer the off-highway vehicle recreation fund.
2. 2. To establish an off-highway vehicle program based on the priorities established in the off-highway vehicle recreational plan.
3. 3. To designate, construct, maintain, renovate, repair or connect off-highway vehicle routes and trails and to designate, manage and acquire land for access roads, off-highway vehicle recreation facilities and off-highway vehicle use areas. After expenditures pursuant to paragraph 1 of this subsection, the Arizona state parks board shall not spend more than thirty-five percent of the remaining monies received pursuant to this subsection for construction of new off-highway vehicle trails.
4. 4. For enforcement of off-highway vehicle laws.
5. 5. For off-highway vehicle related informational and environmental education programs, information, signage, maps and responsible use programs.
6. 6. For the mitigation of damages to land, revegetation and the prevention and restoration of damages to natural and cultural resources, including the closure of existing access roads, off-highway vehicle use areas and off-highway vehicle routes and trails.
7. 7. For necessary environmental, historical and cultural clearance or compliance activities.

G. Monies in the off-highway vehicle recreation fund shall not be used to construct new off-highway vehicle trails or routes on environmentally or culturally sensitive land unless the appropriate land management agency determines that certain new trail construction would benefit or protect cultural or sensitive sites. For the purposes of this subsection, "environmentally or culturally sensitive land" means areas of lands that are either:

1. 1. Administratively or legislatively designated by the federal government as any of the following:

   1. (a) A national monument.
   2. (b) An area of critical environmental concern.
   3. (c) A conservation area.
   4. (d) An inventoried roadless area.
2. 2. Determined by the applicable land management agency to contain significant natural or cultural resources or values.

I. Beginning September 1, 2011, and on or before September 1 of each subsequent year, each agency that receives monies from the off-highway vehicle recreation fund shall submit an off-highway vehicle report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources and rural affairs committee, or its successor committee, and the chairperson of the house of representatives natural resources and public safety committee, or its successor committee. The report shall be made available to the public. The report shall include information on all of the following if applicable:

1. 1. The amount of monies spent or encumbered in the fund during the preceding fiscal year for the purposes of off-highway vehicle law enforcement activities.
2. 2. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for employee services.
3. 3. The number of full-time employees employed in the preceding fiscal year in connection with off-highway vehicle law enforcement activities.
4. 4. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for information and education.
5. 5. The number and specific location of verbal warnings, written warnings and citations given or issued during the preceding fiscal year.
6. 6. A specific and detailed accounting for all monies spent in accordance with this section for construction of new off-highway vehicle trails, mitigation of damages to lands, revegetation, the prevention and restoration of damages to natural and cultural resources, signage, maps and necessary environmental, historical and cultural clearance or compliance activities.