SENATE BILL 296
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Manny M. Aragon
AN ACT
RELATING TO COUNTY BOUNDARIES; ENACTING THE COUNTY BOUNDARY CHANGE IN INDIAN COUNTRY ACT; PROVIDING FOR PROCEDURES FOR INDIAN TRIBES TO NEGOTIATE BOUNDARY CHANGES; ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "County Boundary Change in Indian Country Act."
Section 2. [NEW MATERIAL] DEFINITIONS.-- As used in the County Boundary Change in Indian Country Act:
A. "affected county" means a county out of which tribal lands are to be removed or a county into which tribal lands are to be annexed;
B. "petition" means a request in petition form from a tribe requesting the affected counties in which it is located to approve a county boundary change that removes part of the tribe's tribal land from one or more of the affected counties and annexes that land into another affected county;
C. "tribal land" means all land located within the exterior boundaries of a reservation or pueblo grant of a tribe and all land held by the United States in trust for a tribe or a member of a tribe that is contiguous to the exterior boundaries of that tribe; and
D. "tribe" means an Indian nation, tribe or pueblo with tribal land located in New Mexico.
Section 3. [NEW MATERIAL] PETITION--AUTHORIZATION--PROCESS--CONTENTS.--
A. A tribe with tribal lands located in two or more counties in New Mexico may forward a petition to the county clerk of each of the affected counties requesting that the counties approve removal of its tribal land from one or more affected counties or approve the annexation of that land to another affected county pursuant to the provisions of the County Boundary Change in Indian Country Act.
B. The petition shall be authorized by the governing body of the tribe in the form of a resolution. A copy of the resolution shall be attached to the petition.
C. The petition shall be signed by a duly authorized tribal official. The petition shall set forth the reasons for the requested change in county boundaries and shall accurately describe the tribal land to be removed and annexed and the proposed change to the county boundaries resulting from the removal or annexation of the tribal land in sufficient detail to allow amendment of the description of the boundaries of each affected county.
Section 4. [NEW MATERIAL] BOARD OF COUNTY COMMISSIONERS--DUTIES--PROCEDURE.--
A. The board of county commissioners in each affected county shall review the tribe's petition and provide a response in the form of a county resolution to the tribe within ninety calendar days from the date on which the petition was filed with the county clerk.
B. The county resolution shall set forth the county's consent or denial regarding the change in boundary location. If the request is approved, the county resolution shall include a description of the tribal land to be transferred. If the request is denied the county resolution shall state the basis of the county's denial. If an affected county fails to respond to the petition within the ninety-day period, the petition shall be deemed approved.
Section 5. [NEW MATERIAL] CONSENT--EFFECTIVE DATE--REMOVAL OR ANNEXATION COUNTIES.--
A. Upon receipt by the tribe of county resolutions approving the boundary change from all of the affected counties, including no receipt of a county resolution after the ninety-day period has elapsed from some or all of the affected counties, the petition shall be considered approved, and the removal and annexation of the tribal land among the affected counties shall occur.
B. Upon receipt of county resolutions from all affected counties or upon the termination of the ninety-day period in which a county is required to review the petition, the tribe shall notify the county clerk of approval of the petition. The county clerk shall transmit a copy of a tribe's approved petition to the secretary of state upon approval of the petition and prior to the date on which the removal and annexation occur.
C. When a petition is deemed approved by all affected counties, the area described in the petition shall be removed from the county or counties in which it is located and be deemed annexed to the county into which it is being moved on January 1 of the next odd-numbered year following the year in which the ninety-day period for review of the petition by the county terminates.
Section 6. [NEW MATERIAL] PRECINCT CHANGES REQUIRED.--Each affected county of an approved tribal petition for a county boundary change shall amend its voting precincts so that the new precinct designations become effective on January 1 of the year in which the annexation and removal of the tribal lands from the affected counties is effective.
Section 7. [NEW MATERIAL] OPTION TO REFILE.--A tribe may refile its petition at any time following a denial of a prior petition by an affected county.
Section 8. [NEW MATERIAL] TRIBAL SOVEREIGNTY--STATE AUTHORITY.--Nothing in the County Boundary Change in Indian Country Act expands or diminishes the governmental authority of:
A. the tribe filing a petition pursuant to that act;
B. any other tribe; or
C. the state.
Section 9. A new section of Chapter 4, Article 33 NMSA 1978 is enacted to read:
"[NEW MATERIAL] APPLICATION TO INDIAN NATIONS, TRIBES AND PUEBLOS.--Sections 4-33-1 through 4-33-7 NMSA 1978 shall not apply to Indian nations, tribes or pueblos that have reservation land, pueblo grants or land contiguous to a reservation or pueblo grant that is held in trust by the United States for the tribe or a member of the tribe located in more than one county. The County Boundary Change in Indian Country Act shall apply to an Indian nation, tribe or pueblo that seeks to remove part of its reservation or pueblo grant from one or more counties and have that land annexed to another county in which the Indian nation, tribe or pueblo is located. Other sections of Chapter 4, Article 33 NMSA 1978 may apply to an Indian nation, tribe or pueblo in appropriate circumstances."
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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