SENATE JOINT RESOLUTION 16

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Bill Tallman

A JOINT RESOLUTION

GRANTING CONCURRENT LEGISLATIVE JURISDICTION TO THE UNITED STATES OVER CERTAIN UNITS OF THE NATIONAL PARK SYSTEM IN NEW MEXICO.

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

     SECTION 1. Pursuant to the provisions of Section 19-2-2 NMSA 1978, concurrent legislative jurisdiction is granted to the United States over all lands and waters, and interests in lands and waters, now owned or later acquired by the United States within the authorized boundaries of the following units of the national park system in New Mexico:

          A. Petroglyph national monument; and

          B. Valles Caldera national preserve.

Specific legal descriptions of the park boundaries are to be provided by the national park service.

     SECTION 2. As used in Section 1 of this resolution, "concurrent legislative jurisdiction" means the vesting in the state and the United States of all the rights accorded a sovereign with the broad qualification that such authority is held concurrently over matters, including criminal laws, public powers and tax laws, and that it is the parallel right of both the state and the federal government to legislate with respect to such land and persons present or residing on it, subject only to the United States and state constitutional constraints.

     SECTION 3. The granting of concurrent legislative jurisdiction provided in Section 1 of this resolution is subject to compliance by the secretary of the interior with the provisions of 54 U.S.C. Section 100754.

     SECTION 4. It is recognized that additional tracts of land may be added to Petroglyph national monument, as authorized in Public Law 101-313, or the Valles Caldera national preserve, as authorized in Public Law 113-291, Sec 3043, due to land exchanges, donations or acquisitions. Upon any such modifications to the boundary, a letter to that effect with adequate legal descriptions will be provided to the governor to ensure that concurrent legislative jurisdiction is recognized on the additional tracts.

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