SB0094

SENATE BILL 94

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Jeff Steinborn and Crystal R. Diamond

AN ACT

RELATING TO OUTDOOR RECREATION; TRANSFERRING ADMINISTRATION OF THE RIO GRANDE TRAIL COMMISSION AND THE RIO GRANDE TRAIL FUND FROM THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO THE ECONOMIC DEVELOPMENT DEPARTMENT; PROVIDING DUTIES TO THE NEW MEXICO OUTDOOR RECREATION DIVISION OF THE ECONOMIC DEVELOPMENT DEPARTMENT TO COMPLETE THE RIO GRANDE TRAIL; MAKING AN APPROPRIATION.

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

SECTION 1. Section 9-5C-1 NMSA 1978 (being Laws 2015, Chapter 20, Section 1) is amended to read:

"9-5C-1. RIO GRANDE TRAIL COMMISSION CREATED--MEMBERSHIP--FUND CREATED--[ENERGY, MINERALS AND NATURAL RESOURCES] ECONOMIC DEVELOPMENT DEPARTMENT.--

A. The "Rio Grande trail commission" is created to establish the Rio Grande trail to run the length of the state from Colorado to Texas. The Rio Grande trail shall be a recreation trail for New Mexico residents and visitors to enjoy the natural beauty of New Mexico and the Rio Grande and learn about the culture and history of New Mexico. The trail shall be established in a manner that seeks to minimize environmental impacts and preserve sensitive habitat. The commission shall define and recommend viable path routes of the Rio Grande trail, mitigate challenges related to its establishment and define and recommend other features, facilities and enhancements needed on the trail. The commission shall also make recommendations to the legislature as needed and report annually to the governor and the appropriate interim committees that deal with water and natural resources and rural and economic development. The commission shall consist of members appointed by the [secretary of energy, minerals and natural resources] director of the New Mexico outdoor recreation division of the economic development department and shall include:

(1) the secretary of energy, minerals and natural resources or the secretary's designee;

(2) the [secretary] director of the New Mexico outdoor recreation division of the economic development department or the [secretary's] director's designee;

(3) the secretary of Indian affairs or the secretary's designee;

(4) the secretary of transportation or the secretary's designee;

(5) the secretary of tourism or the secretary's designee;

(6) a representative from each of the following:

(a) an organization with trail management experience;

(b) the state parks division of the energy, minerals and natural resources department;

(c) an organization that specializes in river ecology and conservation, with specific experience in the stated area of the organization's expertise; and

(d) an organization that specializes in bird ecology and conservation, with specific experience in the stated area of the organization's expertise; and

(7) two members of the public interested in the Rio Grande trail development.

B. The [secretary] director of the New Mexico outdoor recreation division of the economic development department or the director's designee shall [appoint the chair from among the members] serve as the chair of the commission and invite federal entities to be a part of the commission as non-voting members, including the:

(1) bureau of land management;

(2) bureau of reclamation;

(3) international boundary and water commission;

(4) national park service;

(5) United States army corps of engineers;

(6) United States fish and wildlife service;

(7) United States forest service; and

(8) [the] offices of the New Mexico congressional delegation.

C. The commission shall collaborate and cooperate with the national park service's historic trails project for the El Camino Real historic trail from Mexico to northern New Mexico when appropriate.

D. The commission shall be administratively attached to the economic development department and staffed by the [energy, minerals and natural resources department] New Mexico outdoor recreation division. Members of the commission are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance, contingent upon money being available for this purpose.

E. The commission shall:

(1) meet at least three times annually;

(2) define and recommend viable path routes of the Rio Grande trail that shall be contiguous where possible and include only land that is expressly authorized by the owner, including Indian nations, tribes or pueblos, for inclusion in the Rio Grande trail and not to be acquired by eminent domain;

(3) mitigate challenges related to the Rio Grande trail's establishment, including facilitating negotiations and discussions with landowners and jurisdictions surrounding the Rio Grande;

(4) define and recommend other features, facilities and enhancements needed on the Rio Grande trail;

(5) identify [appropriate] opportunities for river recreation along the trail;

(6) establish a Rio Grande trail commission [web site] website to publish meeting notices, meeting minutes, commission trail recommendations and other appropriate materials;

(7) ensure that any recommended designation, construction and use of the trail will minimize environmental impacts;

(8) endeavor to avoid areas of significant habitat value and ensure that any recommended designation, design, construction or use of the trail will minimize the impact on habitat;

(9) consider the impacts on private and commercial interests;

(10) make recommendations to the legislature as needed;

(11) prepare and report annually to the governor and the appropriate interim legislative committees related to water and natural resources and economic development;

(12) consult with representatives of the following regarding issues within their jurisdiction in development of the Rio Grande trail:

(a) each of the conservancy or irrigation districts served by water in the Rio Grande;

(b) acequias adjoining the Rio Grande;

(d) land grants adjoining the Rio Grande;

(e) municipalities adjoining the Rio Grande; and

(f) Indian nations, tribes or pueblos adjoining the Rio Grande;

(13) actively engage the public in the planning process of the Rio Grande trail and display meeting notices, meeting minutes and official commission trail proposals on the Rio Grande trail commission's [web site] website;

(14) where feasible, develop multiple options of trail routing, construction design and potential enhancements;

(15) prior to making any final decisions regarding trail designation, design [and] or construction, hold public meetings [to solicit public input] and allow for a written comment period to solicit public input;

(16) make a final recommendation based on all factors, including public comments and environmental impacts [In implementation of the Rio Grande trail, the secretary of energy, minerals and natural resources shall describe and publish any variance from commission recommendations on the commission's web site];

(17) to the extent feasible, select existing trails for the route of the Rio Grande trail;

(18) to the extent feasible, in the case of non-motorized existing trails, avoid widening these trails;

(19) in the case of new trails on public lands, construct the trails for non-motorized use; provided, however, that such trails may, but are not required to, be open to power-driven mobility devices for individuals with mobility impairments; and

(20) to the extent possible, avoid introduction of non-native material on the trail.

F. The New Mexico outdoor recreation division shall actively work to complete the Rio Grande trail, including identifying and pursuing trail segment designations, facilitating construction of new trail segments, shelters and other infrastructure needed to support short- and long-distance use of the Rio Grande trail and educating entities with potential trail segments about the Rio Grande trail and actively seeking their support.

[F.] G. Eminent domain shall not be used to establish or construct the Rio Grande trail or features, facilities or enhancements associated with the trail.

[G.] H. The "Rio Grande trail fund" is created in the state treasury. The fund consists of appropriations, donations, grants to the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The [energy, minerals and natural resources] economic development department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the [energy, minerals and natural resources] economic development department for the New Mexico outdoor recreation division to develop, establish and support the Rio Grande trail. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of [energy, minerals and natural resources] economic development or the secretary's authorized representative.

I. For the purposes of this section, "commission" means the Rio Grande trail commission."

SECTION 2. TEMPORARY PROVISION--TRANSFER OF APPROPRIATIONS, RECORDS AND CONTRACTS TO THE ECONOMIC DEVELOPMENT DEPARTMENT.--On the effective date of this act:

A. all functions, appropriations, money, records and files of the energy, minerals and natural resources department relating to the Rio Grande trail commission and establishment of the Rio Grande trail shall be transferred to the economic development department;

B. all contractual obligations of the energy, minerals and natural resources department relating to the Rio Grande trail commission and establishment of the Rio Grande trail shall be binding on the economic development department; and

C. the rules, orders and decisions of the energy, minerals and natural resources department relating to the Rio Grande trail commission and establishment of the Rio Grande trail shall remain in effect until repealed or amended.

SECTION 3. APPROPRIATION.--Two hundred twenty-five thousand dollars ($225,000) is appropriated from the general fund to the economic development department for expenditure in fiscal year 2024 for personnel and operational expenses needed to support the development of the Rio Grande trail and management of the Rio Grande trail commission. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

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