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F I S C A L I M P A C T R E P O R T
SPONSOR Papen
ORIGINAL DATE
LAST UPDATED
1/24/2007
1/29/2007 HB
SHORT TITLE Salt Cedar Removal & Forest Health Programs
SB 115/aSCONC
ANALYST McOlash
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$10,000.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Energy, Minerals, & Natural Resources Department (EMNRD)
New Mexico Department of Agriculture (NMDA)
New Mexico Interstate Stream Commission (NMISC)
Environment Department (NMED)
Higher Education Department (NMHED)
SUMMARY
Synopsis of Amendment
The Senate Conservation Committee amendment changes the Soil and Water Conservation
Commission as the recipient, manager, and administrator of the funds to an organization
providing “advice." The appropriation remains with NMSU to manage and administer the
program.
Synopsis of Original Bill
Senate Bill 115 appropriates $10,000,000 from the General Fund to the Board of Regents of
NMSU for expenditure in FY 2009 and FY 2009 for the Soil and Water Conservation
Commission (SWCC) to manage and administer non-native phreatophyte removal and riparian
restoration according to the Non-Native Phreatophyte/Watershed Management Plan program.
pg_0002
Senate Bill 115/aSCONC
FISCAL IMPLICATIONS
The appropriation of $10,000,000 contained in this bill is a recurring expense to the General
Fund. Any unexpended or unencumbered balance remaining at the end of FY 2009 shall revert to
the General Fund.
SIGNIFICANT ISSUES
NMDA Analysis
An analysis by the NMSU general counsel indicates that SB 115 expands the
authority and powers of the SWCC beyond the statutory provisions which
created the SWCC. The SWCC’s role is advisory to the NMSU board of
regents. The New Mexico department of agriculture (NMDA) works directly
with the SWCC on behalf of the board of regents in carrying out SWCD
programs and in its work with the SWCC
.
Administration and management of the non-native phreatophyte program has
been under the purview of the NMSU board of regents through NMDA since
FY02. As indicated in the significant issues section above, the SWCC has not,
to date, managed and administered funds or programs directly. The language
in SB 115 may inadvertently create unintended conflicts among the soil and
water conservation partnership parties.
EMNRD Analysis
The Non-native Phreatophyte/Watershed Management Plan (NNPP) was
developed to guide future treatment and to provide templates and protocols for
monitoring, revegetation, rehabilitation and long-term watershed management.
This plan is referenced in the bill.
Although not specifically mentioned in the bill, the New Mexico Department
of Agriculture (NMDA) provides support to the state’s 47 soil and water
conservation districts (SWCDs) and has historically administered the salt cedar
removal appropriations. NMDA is the lead agency for implementing the
NNPP, which recognizes the SWCDs as primary resources for watershed
projects, and provides administrative and fiscal support to the Soil and Water
Commission. The Soil and Water Conservation Commission itself lacks the
capacity without NMDA to manage this appropriation without additional FTEs
or contract services.
This request was not submitted by NMSU to the HED for review and was not included in HED’s
funding recommendation for FY08.
TECHNICAL ISSUES
The appropriation should be to NMDA, through the NMSU Board of Regents instead of
the Soil and Water Conservation Commission. Additionally, the Commission does not
currently have the technical background to conduct Forest Health Management
pg_0003
Senate Bill 115/aSCONC
Programs, as is indicated in the bill’s title. The EMNRD – Forestry Division would be
the appropriate entity to conduct Forest Health Management Programs.
OTHER SUBSTANTIVE ISSUES
NMISC Analysis
The latest analyses by the United States Academy of Sciences and the
American Council of Civil Engineers indicate that the amounts of water
salvaged by phreatophyte removal programs are much less than predicted and
may even be non-existent unless accompanied by a careful planned program of
reintroduction of low water use native plants. Studies show that in most
instances, great care must be taken or net water consumption can actually
increase, not decrease. Similar assessments are given by scientists from
national laboratories and academia.
Any funding for this type of work should be expended pursuant to the
FOREST AND WATERSHED HEALTH PLAN and the NEW MEXICO
STATEWIDE POLICY AND STRATEGIC PLAN FOR NON-NATIVE
PHREATOPHYTE/WATERSHED MANAGEMENT and must meet all the
requirements, guidelines, templates and protocols established by those plans.
BM/csd