Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also 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

SIAC

DATE TYPED

2/17/04

HB

 

 

SHORT TITLE

Shiprock Fairground Relocation

SB

589/SIACS

 

 

ANALYST

Dunbar

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

$500.0

 

 

Recurring

General Fund

 

 

 

 

 

 

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

Office of Indian Affairs (OIA)

 

SUMMARY

 

Synopsis of Bill

 

The bill appropriates $500,000 from the General Fund to the Office of Indian Affairs to contract with the Shiprock Fair Board for the Shiprock Fair.  The funds can be used for fairground facilities relocation costs, which include site development, fencing and construction of site utilities, paving of streets and construction of an arena.

 

Significant Issues

 

The Shiprock Fair is a memorable event that takes place every fall in Shiprock on the Navajo Nation. 

 

Last year there was controversy over was in charge of running the fair between the Shiprock Northern Navajo Fair Inc. and the Northern Navajo Nation Fair Board.  The Shiprock Northern Navajo Fair Inc. is incorporated in the state of New Mexico and the Shiprock chapter house formed the Northern Navajo Nation Fair Board.

 

This bill appropriates state funds to the Shiprock Fair Board. 

 

FISCAL IMPLICATIONS

 

The appropriation of $500.0 contained in this bill is a recurring expense to the General Fund. Any unexpended or unencumbered balance remaining at the end of FY 05 shall revert to the General Fund.

 

TECHNICAL ISSUES

 

OIA express concern that an anti-donation issue with the legislation exists if the Shiprock Fair Board is not a tribal organization.  OIA enters into JPA’s with a tribe or a tribal organization that is wholly owned and operated by a tribal government or tribal governments (i.e. All Indian Pueblo Council or the Eight Northern Indian Pueblo Council).  The OIA does not enter into JPA’s with non-profits that are not certified by tribal governments as a tribal organization.

 

 OIA suggest the Navajo Nation certify that the entity receiving the money is authorized to act as a tribal organization and can receive money and the contract as an alternative, the money should go to the Nation directly for the purpose of the fair, and then the Nation will need to contract with the board to expend the funds.

 

The OIA states that without a JPA a professional service contract could be issued, but the contract would need to go through the RFP process.

 

BD/dm