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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

2-22-07

HB

SHORT TITLE Right to Ride on Public Lands

SB SM 12

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

No Responses Received From

New Mexico State Land Office (SLO)

Energy, Minerals and Natural Resources Department (EMNRD)

SUMMARY

Synopsis of Bill

Senate Memorial 12 requests that the New Mexico congressional delegation introduce and

support right-to-ride legislation to preserve the use of saddle and pack animals on public lands,

and to ensure the use of and access to historical and traditional travel methods and trails and

routes on public lands for this purpose.

There is no appropriation attached to this legislation.

FISCAL IMPLICATIONS

EMNRD notes that, if passed, SM12 will have no direct impact. The impact of any subsequent

congressional action would depend on the content of that legislation, which could potentially

lead to expanded promotion and use of horses and pack animals on public lands, possibly

including state parks where lands are leased from federal agencies that may be included in such a

possible Congressional action. Although this could boost park visitation and revenues, it could

Senate Memorial 12 – Page

2

also lead to increased administrative and operational costs, as well as demand for expansion of

animal facilities and trails.

SIGNIFICANT ISSUES

EMNRD suggests that, in general, the State Parks Division (SPD) supports appropriate

equestrian use at many state parks. Overall, horseback riding is allowed in 16 of New Mexico’s

34 state parks. Decisions about whether to allow equestrian use is based on those parks’ capacity

to offer horseback riding areas with low resource impact and limited conflict with other

recreational activities. SPD presently permits horse use pursuant to NMAC 19.5.2.19 Horseback

Riding, which states: “Horseback riding is permitted only in designated areas within the state

parks system. Persons wishing to bring or ride horses in park areas shall check with the

superintendent in advance for approval, restrictions and area designations. Some parks prohibit

all horses and horseback riding." Results from SM 12 could have resource and operational

impacts on SPD. Currently, decisions are made for horseback riding in State Parks by evaluating

visitor needs in conjunction with resource management and protection, as well as operational

considerations. If SM 12 resulted in congressional action that required federal land management

agencies to evaluate the historical and traditional trails, routes, and areas utilized by equestrians

and open them to the public, this could indirectly impact on SPD due to the presence of federal

lands in many state parks. Possible congressional action could require time and resources to

identify and evaluate historic trail segments and associated sites, and their historical significance.

Impacts would need to be assessed and mitigated, and traditional groups (such as Native

Americans) would need to be consulted. Monitoring and maintaining these trails to ensure

protection of resources would also need to be an operational component. From an ownership

standpoint, SPD currently has leases with federal agencies for all or parts of 14 of its 34 state

parks. Any decisions regarding expansion of horseback riding in these parks would need to be

coordinated with these federal agencies. Currently, horseback riding is allowed in seven of these

14 parks. SPD currently leases relatively small parcels of land from the federal agencies

mentioned in SM12 for two of its state parks: Bottomless Lakes (BLM); and Fenton Lake (Forest

Service). However, SM12 does not mention the Bureau of Reclamation (BOR) and the Corps of

Engineers (Corps). SPD has leases with the BOR for 10 state parks and with the Corps for two

state parks. BOR and Corps parks are reservoir and water-based recreation areas that comprise

the largest and most visited parks in the New Mexico State Parks system.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

SLO suggests that if the proposed federal legislation applies to state trust lands it directly

conflicts with the policy that access to state trust land is only by permission of the

Commissioner. In this way, permitting unrestricted access to state trust land would conflict with

existing law.

SLO adds that saddle and pack animals may be restricted in some areas of historic and traditional

travel methods and routes on public lands. Because the public land which would be accessible

under this memorial is not clearly defined the consequence of not enacting is unclear. But, as

written, this memorial would impact the SLO if the requested federal legislation permits

unrestricted access by horse back riders and pack animals onto state trust lands.

BFW/csd