0001| HOUSE BILL 353
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| WESLEY L. GRAU
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO STATE TRAILS; CREATING THE STATE TRAILS ADVISORY
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0013| COMMITTEE; CREATING THE STATE TRAILS SYSTEM FUND; AMENDING AND
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0014| ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 16-3-4 NMSA 1978 (being Laws 1973,
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0018| Chapter 372, Section 4, as amended) is amended to read:
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0019| "16-3-4. STATE TRAILS SYSTEM CREATED--TYPES OF TRAILS--PLANNING.--
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0020| A. There is created a "state trails system" composed
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0021| of:
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0022| (1) "state scenic trails" [which] that are
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0023| extended trails so located as to provide maximum potential for
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0024| the appreciation of natural areas and for the conservation and
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0025| enjoyment of the significant scenic, historic, natural,
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0001| ecological, geological or cultural qualities of the areas
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0002| through which such trails pass;
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0003| (2) "state recreation trails" [which] that
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0004| are trails designed to provide a variety of outdoor recreational
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0005| uses in or reasonably accessible to urban areas and, where
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0006| appropriate, shall connect parks, scenic areas, historical
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0007| points and neighboring communities;
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0008| (3) "state historical trails" [which] that
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0009| are trails designed to identify and interpret routes [which]
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0010| that were significant in the prehistoric settlement or
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0011| historical development of the state; and
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0012| (4) "special use trails" [which] that are
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0013| trails that may provide uses also provided by scenic, recreation
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0014| and historical trails but [which] that shall not be limited
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0015| to such uses. The secretary may designate special use trails in
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0016| such locations as he deems appropriate and may limit the use of
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0017| such trails to such special users as he determines. In
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0018| designating special use trails, the secretary shall give due
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0019| regard to the interests of users who have needs of a special
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0020| nature [which] that are not fulfilled by other trail types
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0021| comprising the state trails system.
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0022| B. State trails shall be supplemented by support
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0023| facilities deemed necessary and feasible by the secretary.
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0024| These facilities shall comply with [health and environment]
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0025| the department of environment's standards and regulations.
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0001| C. In the planning and designation of trails, the
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0002| secretary shall give due regard to the interests of federal or
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0003| state agencies, counties, municipalities, private landowners and
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0004| interested individuals and recreational and conservation
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0005| organizations. The secretary shall give full consideration to
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0006| the inclusion of trails from all categories within the system.
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0007| D. The secretary shall prescribe the uses and limits
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0008| of each type of trail.
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0009| [E. Separate trails may be established for
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motorized vehicles but shall not be trails designated for
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horseback riding, hiking or bicycling.
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F.] E. Before making a final designation of any
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0013| trail, the secretary shall:
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0014| (1) hold a public hearing after proper notice
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0015| within the affected county and area; and
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0016| (2) as a result of the hearing, adopt a finding
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0017| approving or disapproving the trail based upon evidence as to
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0018| the adverse effects that the trail has on the holders of any
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0019| interest in the lands in the proximity of the trail."
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0020| Section 2. Section 16-3-5 NMSA 1978 (being Laws 1973,
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0021| Chapter 372, Section 6, as amended) is amended to read:
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0022| "16-3-5. SECRETARY TO SUPERVISE PLANNING, CONSTRUCTION,
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0023| OPERATION AND MAINTENANCE OF TRAILS SYSTEM--POWERS AND DUTIES.--
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0024| A. The secretary shall:
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0025| (1) adopt and regularly review and revise in
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0001| accordance with the State Rules Act such rules and regulations
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0002| as may be necessary to carry into effect and enforce the
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0003| provisions of the State Trails System Act;
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0004| (2) plan, establish, acquire, purchase,
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0005| develop, construct, enlarge, improve, maintain, equip, operate,
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0006| protect and police the state trails system;
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0007| (3) acquire by lease, deed or contract rights
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0008| of way or easements for trails across private, municipal,
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0009| county, state or federal lands. In selecting the rights of way,
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0010| every consideration shall be given to minimizing the adverse
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0011| effects upon the adjacent landowner or user. Acquisition shall
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0012| be, wherever possible, in the form of an easement obtained by
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0013| gift, exchange or purchase with donated funds. When such
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0014| devices fail, the secretary may authorize the expenditure of
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0015| state appropriations for acquisition in fee. Any agreement for
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0016| acquisition of rights in land shall be for terms of not less
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0017| than twenty-five years whenever possible; and
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0018| (4) coordinate trail development by assisting
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0019| counties, municipalities and other political subdivisions in the
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0020| formation of their trail plans. In carrying out this
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0021| responsibility, the secretary shall review records of easements
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0022| and other interests in lands [which] that are available for
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0023| use as trails, including public lands, utility easements, flood
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0024| plains, railroad rights of way, arroyos, other rights of way and
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0025| surplus public proprietary lands as may be adaptable for such
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0001| use, and shall ensure that uniform construction standards,
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0002| compatible with allowed usage, are made available to local
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0003| governments.
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0004| B. The secretary may abandon any portion or all of a
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0005| trail or easement acquired for trail purposes [which] that
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0006| is no longer needed for such purposes, or he may transfer any
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0007| trail or easement to a local government having jurisdiction over
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0008| the area in which the trail or easement is located for so long
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0009| as the local government agrees to maintain and operate the
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0010| trail.
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0011| C. The secretary shall notify the owner of the land
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0012| through which any trail or easement passes prior to entering
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0013| into any agreement with a local government for the operation of
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0014| a trail and shall secure the consent of the landowner prior to
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0015| the transfer of any trail or easement to a local government.
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0016| D. The secretary shall review all formal
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0017| declarations of railroad right-of-way abandonments [by the
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interstate commerce commission] for possible inclusion into the
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0019| state trails system.
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0020| E. Within the boundaries of a right of way, the
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0021| secretary may acquire on behalf of the state lands in fee title,
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0022| any interest in lands in the form of scenic or other easements
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0023| or any interest in lands under cooperative or other agreement.
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0024| Acquisition of land or of any interest in land may be by gift,
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0025| purchase, exchange or by the assumption of obligations.
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0001| Acquisition may be through the use of funds obtained by
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0002| donation, federal grants, proceeds of the sale of bonds,
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0003| legislative appropriation or otherwise. In acquiring real
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0004| property or any interest therein, the power of eminent domain
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0005| shall not be used.
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0006| F. The secretary shall prepare and publish trail
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0007| plans and standards and make them available to participating
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0008| local governments and interested members of the public upon
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0009| request. The secretary shall also prepare a state trails map
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0010| and other literature describing the state trails system and
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0011| shall make copies available [to members of the public upon
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request] through organizations that promote tourism in New
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0013| Mexico.
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0014| G. The secretary shall prepare and publish a
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0015| comprehensive intermediate and long-range state trails plan on a
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0016| continuing basis in accordance with the state comprehensive
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0017| outdoor recreation plan. Included in these plans shall be an
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0018| inventory of existing trails and potential trail routes on all
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0019| lands within the state. Such plans may include general routes
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0020| or corridors within which specific trails or segments of trails
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0021| may be considered for inclusion in the state trails system.
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0022| H. The secretary shall annually submit a written
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0023| report on recreational, scenic, historical and special use
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0024| trails to the governor by December 31. Copies of the annual
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0025| reports shall be furnished to participating local governments
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0001| and shall be made available to interested members of the public
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0002| upon request.
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0003| I. The secretary shall establish procedures for
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0004| governmental entities to apply for funds made available by the
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0005| State Trails System Act for trail improvements or
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0006| establishments. The secretary shall analyze applications for
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0007| funds and approve those that are the most beneficial to
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0008| enhancing the state's trails system. The secretary shall
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0009| authorize disbursements to governmental entities for those trail
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0010| improvements or establishments he approves. Governmental
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0011| entities shall be encouraged to form partnerships with trail
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0012| user groups in planning trail improvements or establishments and
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0013| applying for available funds."
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0014| Section 3. A new section of the State Trails System Act is
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0015| enacted to read:
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0016| "[NEW MATERIAL] ADVISORY COMMITTEE CREATED--TERMS--POWERS AND DUTIES.--
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0017| A. The "state trails advisory committee" is created.
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0018| The governor shall appoint nine public members and the
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0019| secretary, or his designee, who shall serve as the nonvoting
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0020| chairman. The public members shall include representatives from
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0021| the following groups:
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0022| (1) hiking;
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0023| (2) cross-country skiing;
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0024| (3) off-highway motorcycling;
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0025| (4) snowmobiling;
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0001| (5) horseback riding;
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0002| (6) all-terrain vehicle riding;
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0003| (7) off-road bicycling;
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0004| (8) four-wheel driving; and
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0005| (9) persons with disabilities.
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0006| B. The public members shall be appointed to
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0007| staggered terms of four years each. Members may succeed
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0008| themselves, and vacancies shall be filled by appointment of the
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0009| governor for the unexpired term.
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0010| C. The state trails advisory committee shall:
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0011| (1) advise the secretary regarding policy and
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0012| programs designed to maximize the effectiveness of the State
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0013| Trails System Act; and
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0014| (2) analyze and recommend to the secretary for
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0015| approval applications received for trail improvements and
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0016| establishments received from governmental entities."
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0017| Section 4. A new section of the State Trails System Act is
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0018| enacted to read:
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0019| "[NEW MATERIAL] FUND CREATED--SOURCE OF FUNDS--DISTRIBUTION.--
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0020| A. The "state trails system fund" is created in the
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0021| state treasury. Money in the fund is appropriated to the
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0022| energy, minerals and natural resources department and shall be
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0023| used to carry out the provisions of the State Trails System Act.
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0024| The fund shall not revert at the end of the fiscal year.
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0025| Disbursements from the fund shall be made only upon warrants
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0001| drawn by the secretary of finance and administration pursuant to
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0002| vouchers signed by the secretary of energy, minerals and natural
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0003| resources or his designee.
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0004| B. The state trails system fund shall consist of
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0005| federal contributions received pursuant to the Symms National
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0006| Recreational Trails Act of 1991 and any other money contributed
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0007| to the fund by any source.
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0008| C. The proceeds of the state trails system fund
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0009| shall be distributed as follows:
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0010| (1) no more than seven percent of the total
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0011| available funds for recreational trails may be used for
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0012| administration costs of the State Trails System Act;
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0013| (2) no more than five percent of the total
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0014| available funds for recreational trails may be used for safety
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0015| or conservation educational activities related to trails that
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0016| enhance proper trail usage by the general public; and
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0017| (3) after the distributions made in Paragraphs
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0018| (1) and (2) of this subsection:
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0019| (a) thirty percent of the remaining
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0020| balance shall be used for trail improvements and establishments
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0021| for nonmotorized use;
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0022| (b) thirty percent of the remaining
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0023| balance shall be used for trail improvements and establishments
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0024| for motorized use; and
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0025| (c) forty percent of the remaining
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0001| balance shall be used for trail improvements and establishments
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0002| that accommodate both motorized and nonmotorized uses. Multi-use trails shall provide for the greatest number of compatible
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0003| recreational purposes or for innovative recreational trail
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0004| corridor sharing."
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0005| State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION, 1996
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0010|
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0011| January 30, l996
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
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0017| whom has been referred
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0018|
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0019| HOUSE BILL 353
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0020|
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0021| has had it under consideration and finds same to be
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0022| GERMANE in accordance with constitutional provisions.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| Barbara A. Perea Casey,
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0005| Chairperson
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 7 For 1 Against
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0015| Yes: 7
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0016| No: Lujan
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0017| Excused: Nicely, Olguin, Pederson, R. G. Sanchez, J. G. Taylor,
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0018| Wallach, S. Williams
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0019| Absent: None
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0020|
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0021| H0353RC1 State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-SECOND LEGISLATURE
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0025| SECOND SESSION, 1996
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0001|
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0002|
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0003| February 8, 1996
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0009| whom has been referred
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0010|
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0011| HOUSE BILL 353
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO NOT PASS, but that
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0015|
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0016| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
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0017| SUBSTITUTE FOR HOUSE BILL 353
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0018|
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0019| DO PASS, and thence referred to the APPROPRIATIONS
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0020| AND FINANCE COMMITTEE.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002| Gary K. King, Chairman
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 6 For 0 Against
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0012| Yes: 6
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0013| Excused: Abeyta, Baca, Sandel, Vaughn, Vigil
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0014| Absent: None
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0015|
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0016|
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0017|
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0018| HO353CP1 HOUSE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0019| HOUSE BILL 353
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0020| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO STATE TRAILS; CREATING THE STATE TRAILS ADVISORY
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0005| COMMITTEE; CREATING THE STATE TRAILS FUND; AMENDING AND ENACTING
|
0006| SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
|
0007|
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0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0009| Section 1. Section 16-3-1 NMSA 1978 (being Laws 1973,
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0010| Chapter 372, Section 1) is amended to read:
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0011| "16-3-1. SHORT TITLE.--[This act] Chapter 16, Article 3
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0012| NMSA 1978 may be cited as the "State Trails [System] Act"."
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0013| Section 2. Section 16-3-2 NMSA 1978 (being Laws 1973,
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0014| Chapter 372, Section 2, as amended) is amended to read:
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0015| "16-3-2. DEFINITIONS.--As used in the State Trails
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0016| [System] Act:
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0017| A. "local government" means any county, municipality
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0018| or other political subdivision of the state and includes rural
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0019| communities and unincorporated towns or villages in the state;
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0020| and
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0021| B. "secretary" means the secretary of energy,
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0022| minerals and natural resources."
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0023| Section 3. Section 16-3-3 NMSA 1978 (being Laws 1973,
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0024| Chapter 372, Section 3) is amended to read:
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0025| "16-3-3. PURPOSE.--The purpose of the State Trails
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0001| [System] Act is to provide public access to and the enjoyment
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0002| and appreciation of the New Mexico outdoors in order to
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0003| conserve, develop and [use] enjoy the natural resources of
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0004| the state for purposes of health and recreation. It is the
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0005| intent and purpose of the State Trails [System] Act to
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0006| encourage horseback riding, hiking, bicycling and other
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0007| recreational activities."
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0008| Section 4. Section 16-3-4 NMSA 1978 (being Laws 1973,
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0009| Chapter 372, Section 4, as amended) is amended to read:
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0010| "16-3-4. STATE TRAILS [SYSTEM CREATED]--TYPES OF TRAILS--PLANNING.--
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0011| [A. There is created a "state trails system"
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composed of]
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0013| A. A "state trails grant program" is created for
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0014| the purpose of encouraging the establishment and maintenance of
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0015| trails throughout the state. Preference for funding shall be
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0016| given to trails that encourage alternative transportation use in
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0017| and around urban areas; trails that establish linkages between
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0018| existing trails; trails that interpret and identify historic
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0019| routes and permit recreational use of historic routes; or
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0020| special use trails that satisfy the interests of users whose
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0021| needs are not met by other trail categories. The state shall
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0022| provide technical assistance and expertise in development of
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0023| trails that traverse more than one local government's
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0024| jurisdiction. The state highway and transportation department is
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0025| responsible for all trail developments that incorporate or share
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0001| highway rights of way. The secretary of highway and transportation
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0002| shall evaluate existing and proposed state highways for future
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0003| trail developments. Trails may be identified according to the
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0004| following categories:
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0005| (1) "[state] scenic trails" [which] that
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0006| are extended trails so located as to provide maximum potential for
|
0007| the appreciation of natural areas and for the conservation and
|
0008| enjoyment of the significant scenic, historic, natural, ecological,
|
0009| geological or cultural qualities of the areas through which such
|
0010| trails pass;
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0011| (2) "[state] recreation trails" [which]
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0012| that are trails designed to provide a variety of outdoor
|
0013| recreational uses in or reasonably accessible to urban areas and,
|
0014| where appropriate, shall connect parks, scenic areas, historical
|
0015| points and neighboring communities;
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0016| (3) "[state] historical trails" [which]
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0017| that are trails designed to identify and interpret routes
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0018| [which] that were significant in the prehistoric settlement or
|
0019| historical development of the state; and
|
0020| (4) "special use trails" [which] that are
|
0021| trails that may provide uses also provided by scenic, recreation
|
0022| and historical trails but [which] that shall not be limited to
|
0023| such uses. The secretary may designate special use trails in such
|
0024| locations as he deems appropriate and may limit the use of such
|
0025| trails to such special users as he determines. In designating
|
0001| special use trails, the secretary shall give due regard to the
|
0002| interests of users who have needs of a special nature [which]
|
0003| that are not fulfilled by other trail types comprising the state
|
0004| trails [system].
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0005| B. [State] Trails shall be supplemented by support
|
0006| facilities deemed necessary and feasible by the secretary. These
|
0007| facilities shall comply with [health and environment] the
|
0008| department of environment's standards and regulations.
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0009| C. In [the planning and designation of trails]
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0010| approving the funding of trail development projects, the secre-
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0011| tary shall give due regard to the interests of federal or state
|
0012| agencies, counties, municipalities, private landowners and
|
0013| interested individuals and recreational and conservation
|
0014| organizations. The secretary shall give full consideration to the
|
0015| [inclusion] funding of trails from all categories. [within the
|
system.
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D. The secretary shall prescribe the uses and limits of
|
each type of trail.
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E.] D. Separate trails [may] shall be
|
0020| established for motorized vehicles [but shall not be trails
|
designated for] and for nonmotorized use such as horseback
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0022| riding, hiking or bicycling.
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0023| [F. Before making a final designation of any trail,
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the secretary shall:]
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0025| E. The state trails advisory committee shall:
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0001| (1) hold a public hearing after proper notice
|
0002| [within the affected county and area]; and
|
0003| (2) as a result of the hearing, adopt a finding
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0004| approving or disapproving the trail based upon evidence as to the
|
0005| adverse effects that the trail has on the holders of any interest
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0006| in the lands in the proximity of the trail.
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0007| F. Motorized vehicles, except for those utilized by
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0008| permitted handicapped users, shall be excluded from areas of
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0009| fragile, rare, relict or vanishing vegetation; federal wilderness
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0010| study areas, roadless areas, wildlife sanctuaries and sensitive
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0011| areas; areas of fragile natural features or of scientific interest;
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0012| and areas of archaeological interest. Appropriate mitigating
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0013| action shall be taken in areas where erosion or other soil or
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0014| resource damage may occur with use and areas where speed would
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0015| adversely affect other uses.
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0016| G. Trail development grants shall be reviewed by the
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0017| state trail advisory committee and recommended for approval by the
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0018| secretary."
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0019| Section 5. Section 16-3-5 NMSA 1978 (being Laws 1973,
|
0020| Chapter 372, Section 6, as amended) is amended to read:
|
0021| "16-3-5. SECRETARY [TO SUPERVISE PLANNING, CONSTRUCTION,
|
OPERATION AND MAINTENANCE OF TRAILS SYSTEM]--POWERS AND
|
0023| DUTIES.--
|
0024| A. The secretary [shall]:
|
0025| (1) shall adopt and regularly review and revise
|
0001| in accordance with the State Rules Act such rules and regulations
|
0002| as may be necessary to carry into effect and enforce the provisions
|
0003| of the State Trails [System] Act;
|
0004| (2) may plan, establish, acquire, purchase,
|
0005| develop, construct, enlarge, improve, maintain, equip, operate,
|
0006| protect and police the state trails [system];
|
0007| (3) may acquire by lease, deed or contract
|
0008| rights of way or easements for trails across private, municipal,
|
0009| county, state or federal lands. In selecting the rights of way,
|
0010| every consideration shall be given to minimizing the adverse
|
0011| effects upon the adjacent landowner or user. Acquisition shall be,
|
0012| wherever possible, in the form of an easement obtained by gift,
|
0013| exchange or purchase with donated funds. When such devices fail,
|
0014| the secretary may authorize the expenditure of state appropriations
|
0015| for acquisition in fee. Any agreement for acquisition of rights in
|
0016| land shall be for terms of not less than twenty-five years whenever
|
0017| possible; and
|
0018| (4) shall coordinate trail development by
|
0019| assisting counties, municipalities and other political subdivisions
|
0020| in the formation of their trail plans. In carrying out this
|
0021| responsibility, the secretary shall review records of easements and
|
0022| other interests in lands [which] that are available for use as
|
0023| trails, including public lands, utility easements, flood plains,
|
0024| railroad rights of way, arroyos, other rights of way and surplus
|
0025| public proprietary lands as may be adaptable for such use, and
|
0001| shall ensure that uniform construction standards, compatible with
|
0002| allowed usage, are made available to local governments.
|
0003| B. The secretary may abandon any portion or all of a
|
0004| trail or easement acquired for trail purposes [which] that is
|
0005| no longer needed for such purposes, or he may transfer any trail or
|
0006| easement to a local government having jurisdiction over the area in
|
0007| which the trail or easement is located for so long as the local
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0008| government agrees to maintain and operate the trail.
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0009| C. The [secretary] local government developing a
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0010| trail shall notify the [owner] owners of the land through
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0011| which any trail or easement passes prior to entering into any
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0012| agreement [with a local government] for the operation of a trail.
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0013| [and]
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0014| D. The secretary shall secure the consent of the
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0015| [landowner] landowners prior to the transfer of any trail or
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0016| easement to a local government.
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0017| [D.] E. The secretary shall review all formal
|
0018| declarations of railroad right-of-way abandonments [by the
|
interstate commerce commission] for possible [inclusion]
|
0020| development into [the state trails system] a trail.
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0021| [E.] F. Within the boundaries of a right of way,
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0022| the secretary may acquire on behalf of the state lands in fee
|
0023| title, any interest in lands in the form of scenic or other
|
0024| easements or any interest in lands under cooperative or other
|
0025| agreement. Acquisition of land or of any interest in land may be
|
0001| by gift, purchase, exchange or by the assumption of obligations.
|
0002| Acquisition may be through the use of funds obtained by donation,
|
0003| federal grants, proceeds of the sale of bonds, legislative
|
0004| appropriation or otherwise. In acquiring real property or any
|
0005| interest therein, the power of eminent domain shall not be used.
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0006| [F.] G. The secretary [shall] may prepare and
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0007| publish trail plans and standards and make them available to
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0008| participating local governments and interested members of the
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0009| public upon request. The secretary [shall] may also prepare a
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0010| state trails map and shall make copies available to members of the
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0011| public upon request.
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0012| [G.] H. The secretary [shall] may prepare and
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0013| publish a comprehensive intermediate and long-range state trails
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0014| plan on a continuing basis in accordance with the state
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0015| comprehensive outdoor recreation plan. Included in these plans
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0016| shall be an inventory of existing trails and potential trail routes
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0017| on all lands within the state. Such plans may include general
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0018| routes or corridors within which specific trails or segments of
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0019| trails may be considered for inclusion in the state trails system.
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0020| [H. The secretary shall annually submit a written
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report on recreational, scenic, historical and special use trails
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to the governor by December 31. Copies of the annual reports shall
|
be furnished to participating local governments and shall be made
|
available to interested members of the public upon request.]
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0025| I. The secretary shall establish procedures for
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0001| governmental entities and private parties to apply for funds made
|
0002| available by the State Trails Act for trail improvements or
|
0003| establishments. The secretary shall authorize disbursements to
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0004| governmental entities or private parties for those trail
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0005| improvements or establishments he approves. Governmental entities
|
0006| shall be encouraged to form partnerships with trail user groups in
|
0007| planning trail improvements or establishments and applying for
|
0008| available funds."
|
0009| Section 6. Section 16-3-6 NMSA 1978 (being Laws 1973,
|
0010| Chapter 372, Section 7, as amended) is amended to read:
|
0011| "16-3-6. TRAILS ON FEDERAL LANDS--COORDINATION WITH NATIONAL
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0012| TRAILS SYSTEM.--
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0013| A. The secretary may establish and designate state
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0014| recreational, scenic, historical and special use trails on lands
|
0015| under the jurisdiction of a federal agency when, in the opinion of
|
0016| the federal agency and the secretary, such lands may be so
|
0017| developed under the provisions of federal law and the provisions of
|
0018| Section 16-3-4 NMSA 1978.
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0019| B. Nothing in the State Trails [System] Act shall
|
0020| preclude [a component of the state] development of trails
|
0021| [system] from being a part of the national trails system. The
|
0022| secretary shall coordinate [the] development of state trails
|
0023| [system] with the national trails system and is directed to en-
|
0024| courage and assist any federal studies for inclusion of New Mexico
|
0025| trails in the national trails system. The secretary may enter into
|
0001| written cooperative agreements for joint federal-state administra-
|
0002| tion of any New Mexico component of the national trails system,
|
0003| provided such agreements for administration of land uses are not
|
0004| less restrictive than those set forth in the State Trails
|
0005| [System] Act."
|
0006| Section 7. Section 16-3-7 NMSA 1978 (being Laws 1973,
|
0007| Chapter 372, Section 8, as amended) is amended to read:
|
0008| "16-3-7. VIOLATIONS--PENALTIES.--Each person is guilty of a
|
0009| misdemeanor who shall:
|
0010| A. willfully mutilate, deface or destroy any guidepost,
|
0011| notice, tablet, fence or other work [which] that is for the
|
0012| protection or ornamentation of any state trail;
|
0013| B. place along any trail or affix to any object in the
|
0014| right of way, without a written license from the secretary, any
|
0015| word, character or device designed to advertise any business,
|
0016| trade, profession, article, thing, matter or event; or
|
0017| C. violate any rule or regulation adopted by the
|
0018| secretary in accordance with the State Rules Act to regulate the
|
0019| use of and prevent damage to lands within and adjacent to [the]
|
0020| state trails [system]."
|
0021| Section 8. Section 16-3-8 NMSA 1978 (being Laws 1973,
|
0022| Chapter 372, Section 9, as amended) is amended to read:
|
0023| "16-3-8. ADDITIONAL MEANS OF ENFORCEMENT.--As an additional
|
0024| means of enforcing the provisions of the State Trails [System]
|
0025| Act and rules and regulations adopted by the secretary pursuant to
|
0001| that act, the secretary may seek injunctive relief, in the district
|
0002| court of the county where the violation occurs, against any
|
0003| violation or threatened violation of [the] that act or any
|
0004| rules and regulations adopted pursuant thereto, and such relief
|
0005| shall be subject to the continuing jurisdiction and supervision of
|
0006| the district court and the court's powers of contempt. Any party
|
0007| aggrieved by any final judgment of the district court under this
|
0008| section may appeal to the court of appeals as in other civil
|
0009| actions."
|
0010| Section 9. Section 16-3-9 NMSA 1978 (being Laws 1973,
|
0011| Chapter 372, Section 10, as amended) is amended to read:
|
0012| "16-3-9. LIMITATION OF LIABILITY OF OWNERS OF LAND USED FOR
|
0013| RECREATIONAL PURPOSES.--No person or corporation, or their
|
0014| successors in interest, who has granted a right of way or easement
|
0015| across his land to the energy, minerals and natural resources
|
0016| department or a local government for use in [the state trails
|
system] a trail shall be liable to any user of the trail for
|
0018| injuries suffered on the right of way or easement unless the
|
0019| injuries are caused by the willful or wanton misconduct of the
|
0020| grantor."
|
0021| Section 10. A new section of the State Trails Act is enacted
|
0022| to read:
|
0023| "[NEW MATERIAL] ADVISORY COMMITTEE CREATED--TERMS--POWERS
|
0024| AND DUTIES.--
|
0025| A. The "state trails advisory committee" is created.
|
0001| The governor shall appoint eleven public voting members and the
|
0002| secretaries of energy, minerals and natural resources and highway
|
0003| and transportation, or their designees, who shall serve as the
|
0004| nonvoting members. The secretary of energy, minerals and natural
|
0005| resources shall act as chairman of the committee. The public
|
0006| members shall include representatives from the following groups:
|
0007| (1) hiking;
|
0008| (2) cross-country skiing;
|
0009| (3) off-highway motorcycling;
|
0010| (4) snowmobiling;
|
0011| (5) horseback riding;
|
0012| (6) all-terrain vehicle riding;
|
0013| (7) off-road bicycling;
|
0014| (8) four-wheel driving;
|
0015| (9) persons with disabilities;
|
0016| (10) urban trail users; and
|
0017| (11) a person representing the environmental
|
0018| community.
|
0019| B. The public members shall be appointed to staggered
|
0020| terms of four years each. Members may succeed themselves, and
|
0021| vacancies shall be filled by appointment of the governor for the
|
0022| unexpired term.
|
0023| C. The state trails advisory committee shall:
|
0024| (1) advise the secretary regarding policy and
|
0025| programs designed to maximize the effectiveness of the State Trails
|
0001| Act; and
|
0002| (2) analyze and recommend to the secretary for
|
0003| approval applications received for trail improvements and
|
0004| establishments received from governmental entities or private
|
0005| parties."
|
0006| Section 11. A new section of the State Trails Act is enacted
|
0007| to read:
|
0008| "[NEW MATERIAL] FUND CREATED--SOURCE OF FUNDS--DISTRIBUTION.--
|
0009| A. The "state trails fund" is created in the state
|
0010| treasury. Money in the fund is appropriated to the energy,
|
0011| minerals and natural resources department and shall be used to
|
0012| carry out the provisions of the State Trails Act. The fund shall
|
0013| not revert at the end of the fiscal year. Disbursements from the
|
0014| fund shall be made only upon warrants drawn by the secretary of
|
0015| finance and administration pursuant to vouchers signed by the
|
0016| secretary of energy, minerals and natural resources or his
|
0017| designee.
|
0018| B. The state trails fund shall consist of federal
|
0019| contributions received pursuant to the Symms National Recreational
|
0020| Trails Act of 1991 and any other money contributed to the fund by
|
0021| any source.
|
0022| C. The proceeds of the state trails fund shall be
|
0023| distributed as follows:
|
0024| (1) no more than seven percent of the total
|
0025| available funds for recreational trails may be used for
|
0001| administration and enforcement costs of the State Trails Act;
|
0002| (2) no more than five percent of the total
|
0003| available funds for recreational trails may be used for safety or
|
0004| conservation educational activities related to trails that enhance
|
0005| proper trail usage by the general public; and
|
0006| (3) after the distributions made in Paragraphs
|
0007| (1) and (2) of this subsection:
|
0008| (a) thirty percent of the remaining balance
|
0009| shall be used for trail improvements and establishments for
|
0010| nonmotorized use;
|
0011| (b) thirty percent of the remaining balance
|
0012| shall be used for trail improvements and establishments for
|
0013| motorized use; and
|
0014| (c) forty percent of the remaining balance
|
0015| shall be used for trail improvements and establishments that
|
0016| accommodate either motorized or nonmotorized uses. In any event no
|
0017| more than fifty percent of all funds available shall be used for
|
0018| motorized uses. Projects may be categorized as follows: 1)
|
0019| nonmotorized single use; 2) nonmotorized diversified use; 3)
|
0020| diversified use for both motorized and nonmotorized use; 4)
|
0021| motorized single use; and 5) motorized diversified use."
|
0022|
|
0023|
|
0024| FORTY-SECOND LEGISLATURE
|
0025| SECOND SESSION, 1996
|
0001|
|
0002|
|
0003| February 12, 1996
|
0004|
|
0005| Mr. President:
|
0006|
|
0007| Your FINANCE COMMITTEE, to whom has been referred
|
0008|
|
0009| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
|
0010| SUBSTITUTE FOR HOUSE BILL 353
|
0011|
|
0012| has had it under consideration and reports same with recommendation
|
0013| that it DO PASS.
|
0014|
|
0015| Respectfully submitted,
|
0016|
|
0017|
|
0018|
|
0019| __________________________________
|
0020| Ben D. Altamirano, Chairman
|
0021|
|
0022|
|
0023|
|
0024| Adopted_______________________ Not Adopted_______________________
|
0025| (Chief Clerk) (Chief Clerk)
|
0001|
|
0002|
|
0003|
|
0004| Date ________________________
|
0005|
|
0006|
|
0007| The roll call vote was 8 For 0 Against
|
0008| Yes: 8
|
0009| No: 0
|
0010| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
|
0011| Absent: None
|
0012|
|
0013|
|
0014| S0353FC1
|
0015|
|