SENATE MEMORIAL 49

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

INTRODUCED BY

Gerald Ortiz y Pino

 

 

 

 

 

A MEMORIAL

REQUESTING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO CREATE A WORKING GROUP TO DEVELOP A STUDY ON PROVISIONS OF THE ANTI-DONATION CLAUSE IN NEW MEXICO AS IT RELATES TO STATE FOREST ASSISTANCE ON PRIVATE LAND.

 

     WHEREAS, forest landscapes and forest habitats are essential components of New Mexico ecosystems; and

     WHEREAS, forested watersheds are the source of most surface water and replenish ground water supplies for New Mexico communities and agriculture; and

     WHEREAS, forty-four percent of forested land in New Mexico is in private ownership; and

     WHEREAS, the state, in its 2020 New Mexico forest action plan, established the need to increase the pace and scale of forest and watershed restoration treatments across all jurisdictions for purposes of community protection, watershed resilience, silviculture, wildland fire hazard reduction, fuels reduction, rangeland improvement, wildlife management, habitat improvement, invasive species management, post-fire reforestation and climate adaptation and ecological maintenance or restoration; and

     WHEREAS, the state in its New Mexico state wildlife action plan outlines a suite of conservation actions that cross political, jurisdictional and ecological boundaries to address issues affecting state listed-species and other species of conservation concern distributed on private forested land as well as public forestlands; and

     WHEREAS, treatment and habitat restoration on private land have been demonstrated to be a public benefit in lowering severe fire risk and loss of life, property and infrastructure and in preserving forest benefits such as water supply, wildlife species and habitat, ecotourism and economic development in rural communities; and

     WHEREAS, the Rio Chama watershed, for example, is largely composed of private lands and it provides native water for acequias and tribes, conveys San Juan-Chama project water for New Mexico's municipal water and irrigation needs and is at risk of severe wildfire; and

     WHEREAS, many residents, scientists and stakeholders agree that the current level of forest treatment and restoration in New Mexico is insufficient to achieve these purposes and realize these public benefits; and

     WHEREAS, farmers, ranchers and private landowners who employ practices to conserve land, water, habitat and wildlife that benefit the public good may seek assistance with technical guidance, funding, restoration or treatments through agreements and contracts with the forestry division of the energy, minerals and natural resources department; and

     WHEREAS, collaborative efforts to increase the pace and scale of such treatments across large landscapes are confounded by a lack of clarity about what is allowable for the state to fund on private lands; and

     WHEREAS, knowledge and experience from diverse stakeholders are needed to recommend actions and policy changes that support the expanded restoration of forests and watersheds and conservation of biodiversity statewide;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department be requested to convene a working group to:

          A. study the impacts of the provisions of Article 9, Section 14 of the constitution of New Mexico, also known as the "anti-donation clause", on the ability of the forestry division to enter into contracts and agreements with private landowners or private entities to carry out its mission when a public need or public benefit is clearly indicated;

          B. conduct an analysis of the likelihood of wildfire occurring on the private lands restored with state funds within the life of the state-funded treatment;

          C. perform a review of how other states have addressed these issues in state law; and

          D. research the data needed to pass a constitutional amendment to allow exceptions to the anti-donation clause; and

     BE IT FURTHER RESOLVED that the working group be composed of representatives of: the forestry division of the energy, minerals and natural resources department, the state land office, the New Mexico department of agriculture, the New Mexico soil and water conservation commission, the New Mexico acequia association and agricultural and conservation groups; and

     BE IT FURTHER RESOLVED that the working group report its findings and conclusions to the appropriate interim legislative committee dealing with water and natural resources issues by July 1, 2024; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of energy, minerals and natural resources for appropriate distribution.

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