NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Salazar

 

DATE TYPED:

2/18/03

 

HB

HJM 59

 

SHORT TITLE:

Consult with Tribes on Mining Permits

 

SB

 

 

 

ANALYST:

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

NFI

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts with SB 473

 

SOURCES OF INFORMATION

 

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