44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO HIGHWAYS; PROVIDING FOR COOPERATIVE AGREEMENTS WITH INDIAN NATIONS, TRIBES OR PUEBLOS; PROVIDING STANDARDS FOR CERTAIN RIGHT-OF-WAY NEGOTIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 67-3-28 NMSA 1978 (being Laws 1929, Chapter 100, Section 1, as amended) is amended to read:

"67-3-28. COOPERATION WITH THE STATE, MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, ADJOINING STATES, TRIBES AND FEDERAL AGENCIES.--

A. The department may enter into cooperative agreements with any branch, agency, department, board, instrumentality or institution of the state or United States government; with the respective municipalities, school districts and counties in this state; with tribes; or with any adjoining state for the construction or improvement of public highways and streets within the control of a branch, agency, department, board, instrumentality or institution of the state or United States government, within the control of a tribe or within a municipality, county, school district or adjoining state for the division between the department and the branch, agency, department, board, instrumentality or institution of the state or United States government, county, school district, municipality or adjoining state of the expense of the project development, construction, reconstruction, improvement, maintenance or repair of public highways, streets and public school parking lots, or for the acquisition of rights-of-way therefor or for materials for the construction or improvement thereof. The department shall bear all costs of the acquisition of rights of way for federal-aid interstate roads, both rural and urban.

B. The department may enter into cooperative agreements with tribes for use of rights of way for periods not to exceed twenty years for public highways or streets crossing land restricted against alienation or held in trust by the United States for the benefit of a tribe or its members.

C. For purposes of this section, "tribe" means an Indian nation, tribe or pueblo recognized by the federal government."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.