SENATE BILL 119

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Jacob R. Candelaria

FOR THE LAND GRANT COMMITTEE

AN ACT

RELATING TO LAND GRANTS-MERCEDES; ALLOWING LAND GRANT-MERCED BOARDS OF TRUSTEES TO APPROVE COMPREHENSIVE PLANS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 49-1-3 NMSA 1978 (being Laws 1907, Chapter 42, Section 3, as amended) is amended to read:

     "49-1-3. BOARD OF TRUSTEES--MANAGEMENT OF GRANT--POWERS.--The management and control of all land grants-mercedes and tracts of land to which Sections 49-1-1 through 49-1-18 NMSA 1978 are applicable is vested in a board of trustees, to be known as the "board of trustees of the land grant-merced del pueblo de _____" (designating the name of the town, colony, pueblo or community), and the board shall have the power to:

          A. control, care for and manage the land grant-

merced and real estate, prescribe the terms and conditions under which the common lands may be used and enjoyed and make all necessary and proper bylaws, rules and regulations that shall be in substantial compliance with applicable statutes for the government thereof;

          B. sue and be sued under the title as set forth in this section;

          C. convey, lease or mortgage the common lands of the land grant-merced in accordance with the land grant-merced bylaws;

          D. determine the number of animals that may be permitted to graze upon the common lands and determine other uses of the common lands that may be authorized;

          E. prescribe the price to be paid for the use of the common lands and resources of the land grant-merced and prohibit a person failing or refusing to pay that amount from using a portion of the common lands while the person continues in default in those payments; provided that the amount fixed shall be in proportion to the number and kinds of livestock pasturing upon the common lands or to other authorized use of the common lands;

          F. adopt and use an official seal;

          G. appoint judges and clerks of election at all elections provided for in Sections 49-1-1 through 49-1-18 NMSA 1978, subsequent to the first, and canvass the votes cast in those elections;

          H. make bylaws, rules and regulations, not in conflict with the constitution and laws of the United States or the state of New Mexico, as may be necessary for the protection, improvement and management of the common lands and real estate and for the use and enjoyment of the common lands and of the common waters of the land grant-merced;

          I. determine land use, local infrastructure and economic development of the common lands of the land grant-merced;

          J. determine zoning of the common lands of the land grant-merced pursuant to a comprehensive plan approved by the [local government division of the department of finance and administration] board of trustees that considers the health, safety and general welfare of the residents and heirs of the land grant-merced [The department of finance and administration shall act as arbitrator for zoning conflicts between land grants-mercedes and neighboring municipalities and counties]; and

          K. enter into memoranda of understanding, contracts and other agreements with a local, state or federal government or a government of a federally recognized Indian nation, tribe or pueblo, including but not limited to agreements concerning the protection and maintenance of cultural resources."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.