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SPONSOR: |
Salazar |
DATE TYPED: |
2/18/03 |
HB |
HJM 59 |
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SHORT TITLE: |
Consult with Tribes on Mining Permits |
SB |
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ANALYST: |
Valenzuela |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Conflicts with SB 473
New
Mexico Environment Department (NMED)
Office
of Indian Affairs (OIA)
Energy
Minerals & Natural Resources Department (EMNRD)
SUMMARY
Synopsis
of Bill
House Joint Memorial
59 requests the Secretary of the Energy, Minerals and Natural Resources
Department (EMNRD) to consult with the leaders of indigenous communities and
Native American Tribes in the permitting process for mining operations when
mining operations may impact indigenous communities and Native American
Tribes.
House Joint Memorial
59 further requests the secretaries of the EMNRD and New Mexico Environment
Department (NMED) to continue to properly enforce the New Mexico Mining Act and
Water Quality Act.
Significant
Issues
The Office of Indian Affairs (OIA) and the NMED
reiterate similar concerns as those mentioned in the memorial such as the
protection of sacred sites, the health, welfare and livelihood of nearby Native
communities and the protection of Native American Lands for cultural and religious
purposes.
EMNRD indicates the memorial is an extension of
current legal responsibilities and policies within the Executive Branch. The Mining Act, the Water Quality Act and
their respective implementing regulations already require that potentially
effected tribal organizations receive notice of permit applications. In addition, the Governor’s policy on tribal
governments encourages the type of consultation requested in this
memorial. However, this memorial
stresses the importance of consultation when the Secretary of EMNRD and the
Secretary of the NMED issue mining permits.
CONFLICT
House Joint Memorial 59 conflicts with Senate
Bill 473 that creates “mining districts” that are exempt from the provisions of
the Water Quality Act and many of the provisions of the Mining Act.
TECHNICAL ISSUES
The following are suggestions provided by EMNRD:
1.HJM 59 requests the Secretary of EMNRD to
consult with tribal organizations, but does not require the Secretary of NMED
to consult with tribal organizations.
2. HJM 59 uses the term “indigenous
organizations” which is vague.
MV/sb