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

SPONSOR Martinez

DATE TYPED 02/21/05 HB HJM 74

SHORT TITLE Native American Use of State Lands Study

SB

ANALYST Weber

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Indian Affairs (DIA)

SUMMARY

Synopsis of Bill

House Joint Memorial 74 (HJM 74) provides for a study of allegations of unauthorized use of

state lands by Native Americans. It directs the Indian Affairs Department and the State Land

Office to report to the appropriate interim legislative committees on the findings and

recommendations for resolving any potential unauthorized use of state lands. Finally, it directs

that copies of HJM 74 be sent to the tribal leaders of Navajo Nation, Navajo Nation Council,

Mescalero Apache Tribe, and Jicarilla Apache Nation, as well as to the commissioner of public

lands and the secretary of Indian affairs department.

Significant Issues

The Indian Affairs Department reports.

HJM 74 finds that by an act of Congress of June 20, 1910, certain lands were transferred to New

Mexico. It also finds that at the time when the land transfers were made, there was no survey

done to determine whether such lands were utilized or occupied even though some of those lands

had been and were being occupied and utilized by Native Americans. The bill also finds that al-

House Joint Memorial 74 -- Page 2

legations have been made that Native Americans are using or occupying lands without authoriza-

tion.

The federal government maintains a special trust relationship with Indian tribes pursuant to trea-

ties, statutes, Executive Orders, judicial decisions and other legal instruments. Inherent in this

relationship is an enforceable fiduciary responsibility to Indian tribes to protect their lands and

resources, unless otherwise unencumbered through mutual agreement. Therefore, the proposed

study would necessarily involve the participation of the federal government to investigate and

resolve any jurisdiction and land ownership issues involving the NM Indian tribes.

FISCAL IMPLICATIONS

HJM 74 does not provide funds to support the study. Funds to conduct the study will have to be

supported by the respective department’s budget.

HJM 74 directs the Indian Affairs Department and the State Land Office work together to con-

duct a study of Native American unauthorized use of state lands. DIA is concerned that due to

the complex nature of the study, it may require additional staff time or a reassignment of the lim-

ited number of current staff.

TECHNICAL ISSUES

HJM 74 requires the DIA and State Land Office to report to the interim legislative committees

no later than November 2005 on the findings and recommendations from the study. The dead-

line as provided may not be enough time for the State entities to have completed a thorough re-

view of potential unauthorized use of state lands by Native Americans and offer thoughtful legis-

lative recommendations.

DIA recommends the following:

On page 3, Line 10, add ‘department.’ after ‘affairs.”

MW/lg