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HOUSE MEMORIAL 57

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Paul C. Bandy

A MEMORIAL

REQUESTING THE APPROPRIATE LEGISLATIVE INTERIM COMMITTEE TO

REVIEW THE STATE'S COMPLIANCE WITH THE PROVISIONS OF THE

FEDERAL MINERAL LANDS LEASING ACT AND USE OF REVENUE ACCRUING

TO THE STATE PURSUANT TO THAT ACT.

WHEREAS, Title 30, Section 191 of the federal Mineral

Lands Leasing Act requires the treasury of the United States to

distribute to New Mexico fifty percent of the money received

from sales, bonuses and royalties collected under the Federal

Oil and Gas Royalty Management Act and the federal Geothermal

Steam Act attributable to lands and mineral deposits in the

state; and

WHEREAS, Title 30, Section 191 of the federal Mineral

Lands Leasing Act states that the money paid to the state is to

be used by the state and its political subdivisions as directed

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by the legislature, giving priority to those subdivisions of

the state socially or economically impacted by development of

minerals leased under that act for planning, for construction

and maintenance of public facilities and for the provision of

public service; and

WHEREAS, currently the state gives no priority or

consideration to those political subdivisions of the state

affected by the development of minerals leased under the

federal Mineral Lands Leasing Act as required by that act; and

WHEREAS, the fact that the state is not in compliance with

federal law has already resulted in the state being sued;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the appropriate

interim legislative committee review the state's compliance

with the provisions of the federal Mineral Lands Leasing Act

and use of revenue accruing to the state pursuant to that act;

and

BE IT FURTHER RESOLVED that the committee develop and

propose legislation to the second session of the forty-eighth

legislature that will bring the state into compliance the

federal Mineral Lands Leasing Act; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the New Mexico legislative council.

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