AN ACT

RELATING TO GAME AND FISH; PROVIDING FOR A GAINING ACCESS INTO NATURE PROGRAM ADMINISTERED BY THE STATE GAME COMMISSION; MAKING AN APPROPRIATION.

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

     Section 1. A new section of Chapter 17, Article 4 NMSA 1978 is enacted to read:

     "GAINING ACCESS INTO NATURE PROGRAM--POLICY--ADDITIONAL POWERS OF STATE GAME COMMISSION.--

          A. It is the policy of the state of New Mexico to encourage and promote wildlife-associated recreation in New Mexico and to provide for public participation in the use of available natural resources in a manner that will benefit the general public in its enjoyment of public assets and the state and its political subdivisions in increased economic development.

          B. To implement the state policy, the state game commission shall develop and administer a "gaining access into nature program" pursuant to the provisions of this section.

          C. In addition to its other powers, in order to develop and administer the gaining access into nature program, the state game commission may:

                (1) designate areas and properties under its control where activities other than hunting, fishing and trapping are available to the public;

                (2) designate activities that may take place on properties under its control and designate conditions and qualifications for the activities;

                (3) enter into partnership and joint powers agreements, leases and other contractual arrangements with other state agencies, private landowners and other private entities to jointly administer, promote and expand the gaining access into nature program;

                (4) issue permits, special use licenses and other authorizations for access to individuals and organizations to access state game commission properties for purposes of participating in gaining access into nature programs and charge fees for the access privileges; provided that the fees do not exceed the reasonable costs associated with developing and administering the gaining access into nature program;

                (5) engage in public outreach programs to identify through public meetings, surveys and educational programs the interests of the public that may be best served by the gaining access into nature program;

                (6) adopt such rules as it deems necessary for programs, events or other activities to properly implement the goals and the administration of the gaining access into nature program; and

                (7) subject to appropriation by the legislature, expend money from the game protection fund necessary to develop and administer the gaining access into nature program, including:

                     (a) the reasonable costs of improving habitat and properties in order to make them suitable for the public uses intended;

                     (b) costs of personnel necessary to service the properties being used for the program and to provide informational and interpretive services on the properties;

                     (c) the reasonable costs of maintenance and repair of habitat and properties being used for public access under the provisions of this section; and

                     (d) costs associated with issuing permits, licenses and other authorizations for access.

          D. All money collected from issuing and selling gaining access into nature permits, licenses and other authorizations for access shall be deposited in the game protection fund."