HOUSE BILL 36

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Kristina Ortez and Matthew McQueen

AN ACT

RELATING TO NATURAL RESOURCES; AMENDING THE NATURAL HERITAGE CONSERVATION ACT; AUTHORIZING THE ACQUISITION OF LAND AND OTHER INTERESTS IN LAND FOR CONSERVATION PURPOSES; MAKING CONFORMING CHANGES.

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

     SECTION 1. Section 75-10-2 NMSA 1978 (being Laws 2010, Chapter 83, Section 2) is amended to read:

     "75-10-2. PURPOSE.--The purpose of the Natural Heritage Conservation Act is to protect the state's natural heritage, customs and culture by funding acquisitions of land, conservation and agricultural easements and other interests in land and by funding land restoration to protect the land and water available for forests and watersheds, natural areas, wildlife and wildlife habitat, agricultural production on working farms and ranches, outdoor recreation and trails and land and habitat restoration and management."

     SECTION 2. Section 75-10-3 NMSA 1978 (being Laws 2010, Chapter 83, Section 3) is amended to read:

     "75-10-3. DEFINITIONS.--As used in the Natural Heritage Conservation Act:

          A. "committee" means the natural lands protection committee;

          B. "conservation entity" means a private nonprofit charitable corporation or trust authorized to do business in New Mexico that has tax-exempt status as a public charity pursuant to the federal Internal Revenue Code of 1986 and that has the power to acquire, hold or maintain land or interests in land;

          C. "conservation project" means the acquisition of land, conservation or agricultural easements or other interests in land from a willing seller or a land restoration project;

          D. "department" means the energy, minerals and natural resources department;

          E. "fund" means the natural heritage conservation fund; and

          F. "qualified entity" means a state agency, a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, a political subdivision of the state or, for conservation projects wholly within New Mexico, an Indian tribe or pueblo."

     SECTION 3. Section 75-10-4 NMSA 1978 (being Laws 2010, Chapter 83, Section 4) is amended to read:

     "75-10-4. DEPARTMENT--POWERS AND DUTIES.--

          A. The department may:

                (1) after consultation with landowners, conservationists and other interested persons, adopt and promulgate rules to carry out the provisions of the Natural Heritage Conservation Act;

                (2) enter into contracts;

                (3) enter into joint powers agreements pursuant to the Joint Powers Agreements Act to carry out the provisions of the Natural Heritage Conservation Act;

                (4) make grants to qualified entities for conservation projects;

                (5) apply for and receive in the name of the department, any public or private funds available to the department to carry out the purposes of the Natural Heritage Conservation Act;

                (6) acquire land, conservation or agricultural easements or other interests in land by itself or with a conservation entity or qualified entity; and

                (7) do all other things necessary or appropriate to carry out the provisions of the Natural Heritage Conservation Act.

          B. The department shall:

                (1) establish a competitive application process for grants from the fund; and

                (2) establish criteria and priorities for funding conservation projects."

     SECTION 4. Section 75-10-7 NMSA 1978 (being Laws 2010, Chapter 83, Section 7) is amended to read:

     "75-10-7. CONSERVATION PROJECTS--PUBLIC-PRIVATE PROJECTS.--

          A. The department may acquire land, conservation or agricultural easements or other interests in land and hold them in the name of the state.

          B. When approving a conservation project that is the acquisition of land, a conservation or agricultural easement or other interest in land by a conservation entity, the department shall require the conservation entity to:

                (1) acquire no less than ten percent of the land, easement or other interest in land, and title to the land, easement or other interest in land shall be held by the conservation entity and a qualified entity as cotenants having undivided interests in proportion to each one's share of the acquisition; and

                (2) submit a plan for the management of lands for which the conservation entity and the qualified entity are responsible. The department, in consultation with the committee, shall review the plan to ensure compliance with the purposes of the Natural Heritage Conservation Act.

          C. When approving a conservation project that is for land restoration by a conservation entity, the department shall require that the conservation entity provide at least ten percent of the cost of the conservation project."

     SECTION 5. Section 75-10-8 NMSA 1978 (being Laws 2010, Chapter 83, Section 8) is amended to read:

     "75-10-8. CONSERVATION PROJECTS--LIMITATIONS.--The department may acquire or receive by gift or bequest land, conservation or agricultural easement interests [in real property] or other interests in land to advance the purposes of the Natural Heritage Conservation Act. No land, easement interests or other interests in land, water rights or other rights of access shall be acquired pursuant to the Natural Heritage Conservation Act through exercise of the state's power of eminent domain or any other condemnation process. Land adjacent to any land subject to a conservation or agricultural easement that was acquired pursuant to the Natural Heritage Conservation Act shall not be subjected to any rules or restrictions as a result of such easement acquisition."

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