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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

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

SPONSOR Lovejoy

ORIGINAL DATE

LAST UPDATED

2-11-2008

2-12-2008 HB

SHORT TITLE Allow Juan Tafoya Land Corporation Grazing

SM 58

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

FY10

n/a

n/a

n/a See Narrative Federal funds

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

1

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

n/a

20.0

20.0

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Game and Fish

SUMMARY

Synopsis of Bill

Senate Memorial 58 notes that the Juan Tafoya land corporation and the state game commission

had a decades-long lease that allowed the corporation to graze cattle on two pastures within the

1

See agency response under Fiscal Implications.

Senate Memorial 58 – Page

2

wildlife area in exchange for granting hunters access to the wildlife area across the corporation's

land; and that the lease terminated when the state game commission reached an agreement with a

neighboring landowner for access to the wildlife area, leaving the land corporation in the

position of trying to remove its cattle from fenced and isolated land that it once owned and upon

which it has grazed cattle.

The memorial resolves that that the state game commission be urged to allow the Juan Tafoya

land corporation to continue to graze cattle on land in the Marquez wildlife area.

FISCAL IMPLICATIONS

DGF indicates that it is estimated that monitoring of activities urged by the memorial will require

.25 FTE (plus operating costs) based on past experience with grazing in that area by the named

corporation.

SIGNIFICANT ISSUES

DGF advises that a prior lease between the State Game Commission and the Juan Tafoya Land

Corporation expired by its terms in 2003 and was not renewed when the Commission determined

that continued grazing was contrary to the interests of wildlife and wildlife habitat on the

Marquez Wildlife Area. Reinstitution of such grazing may present the same on-the-ground

negative impacts that was the basis upon which it previously was determined to discontinue

grazing.

ADMINISTRATIVE IMPLICATIONS

DGF suggests that if grazing were to be reintroduced there would be required expenditure of

Department of Game and Fish to provide personnel to monitor the area to maintain grazing

within whatever parameters might be allowed and to ensure there are no deleterious effects on

wildlife and habitat..

TECHNICAL ISSUES

DDGF states: “The memorial appears to be a statement by the Senate that a state body should

give preferential treatment to a single private entity for use of state resources."

OTHER SUBSTANTIVE ISSUES

DGF notes that the proposed memorial contains several incorrect statements of fact that may

have a bearing on consideration of this memorial:

1. The Marquez Wildlife Area was once within the confines of the Cebolleta Land

Grant; there does not appear to have been a Juan Tafoya Land Grant at any time

confirmed. The land in which the Marquez Wildlife Area is located was at no time

part of a Juan Tafoya Land Grant and was at no time owned by a Juan Tafoya Land

Grant.

Senate Memorial 58 – Page

3

2. The prior lease terminated when the State Game Commission determined that

continued grazing was contrary to the interests of the wildlife and habitat on the

Marquez Wildlife Areas. An agreement was entered into with an adjacent

landowner after the lease was terminated for the above reasons, and was

necessitated in order for the public to obtain access to the Marquez Wildlife Area.

3. There is a federal nexus to the Marquez Wildlife Area. The U.S. Fish and

Wildlife Service has advised the Department of Game and Fish that grazing on the

property is contrary to the permitted uses of the property unless grazing is

demonstrated as compatible and beneficial with respect to the primary wildlife

purposes of the area. Therefore, continued federal funding to the Department of

Game and Fish may be placed in jeopardy should grazing be reintroduced in a way

not compatible with purpose.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

DGF suggests that the Juan Tafoya Land Corporation will continue grazing its cattle as it has

done for the past several years on areas other than the Marquez Wildlife Area.

BFW/mt