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

SPONSOR Cisneros

DATE TYPED 3/9/05

HB

SHORT TITLE Create Land Exchange Review Board

SB 993

ANALYST Aguilar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$10.0 Recurring

State Lands

Maintenance

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

Department of Game& Fish (DGF)

New Mexico Department of Transportation (NMDOT)

General Service Department (GSD)

SUMMARY

Synopsis of Bill

Creates a land exchange review board to review all proposed exchanges of state lands, and re-

quires the commissioner of public lands to annually provide an inventory of all state lands avail-

able for public access and recreational use and to receive comments from interested parties on

the multiple uses of state lands.

Significant Issues

Senate Bill 993 provides for the appointment of members consisting of two members appointed

by the Commissioner of Public Lands, two members appointed by the Governor, one member by

the Speaker of the House and one member appointed by the President Pro Tempore of the Senate

and a member appointed by the governing body of each beneficiary of the state land proposed to

be exchanged. When the public schools are the beneficiary, the Secretary of the Public Education

Department (PED) shall appoint a member.

Senate Bill 993 -- Page 2

As written, the bill appears to apply to lands owned by the State Land Office. However, other

state agencies and commissions, including the State Game Commission, General Services De-

partment and the Department of Transportation, own properties in the state that could be referred

to as “state lands”.

Clarification needs to be made if the purpose of the review board is strictly confined to State

Land Office lands. Likewise, if the intent is to apply to all state lands regardless of agency own-

ership, language should be added to include appropriate board membership, and to clarify the

duties of any affected agency head or commission.

The department of transportation notes this legislation may impose a significant burden upon the

department. Traditionally, statutes have exempted NMDOT and its land holdings from the con-

trol and review of the State Land Office and other agencies. This bill could alter that situation.

At present, NMDOT is authorized to obtain necessary right-of-way and other lands, as needed,

by sale or exchange. It is not uncommon for NMDOT to enter into land exchanges to obtain

necessary rights-of-way.

FISCAL IMPLICATIONS

Providing travel and per diem is estimated to be approximately $7 thousand annually from the

state land maintenance fund. An additional $3 thousand is expected in other support costs.

ADMINISTRATIVE IMPLICATIONS

The state land office will require a measure of support to staff this board. The agency can absorb

these costs within existing budget.

PA/yr