HOUSE BILL 85

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Miguel P. Garcia

FOR THE LAND GRANT COMMITTEE

AN ACT

RELATING TO LAND GRANTS; ENACTING THE LAND GRANT SUPPORT ACT; CREATING THE LAND GRANT BUREAU; PROVIDING FOR POWERS AND DUTIES; ESTABLISHING A LAND GRANT COUNCIL; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Land Grant Support Act".

     Section 2. DEFINITIONS.--As used in the Land Grant Support Act:

          A. "bureau" means the land grant bureau;

          B. "council" means the land grant council; and

          C. "land grant" means a patented community land grant-merced organized and operating as a political subdivision of the state.

     Section 3. LAND GRANT BUREAU--CREATION--PURPOSE--LAND GRANT COUNCIL.--

          A. The "land grant bureau" is created in the local government division of the department of finance and administration. The general purposes of the bureau are to establish a land grant support program to provide advice and assistance to land grants and to serve as a liaison between land grants and the federal, state and local governments.

          B. As part of the land grant support program, the bureau shall establish a "land grant council" to:

                (1) advise the bureau on the land grant support program and services to be provided to land grants; and

                (2) serve as a liaison between land grants and the bureau.

          C. The council shall consist of five members appointed by the governor from the boards of directors of land grants for staggered terms of four years, with two members of the initial council selected by lot to serve an initial term of two years.

          D. The council shall appoint a chairperson and may appoint such other officers as it deems necessary.

          E. The council shall meet at least quarterly. Meetings of the council shall be called by the chairperson of the council or at the request of at least three members of the council.

          F. Members of the council are entitled to receive per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.

     Section 4. LAND GRANT SUPPORT PROGRAM--BUREAU POWERS AND DUTIES.--

          A. The bureau may apply for and accept any public or private grants, gifts or donations for the benefit of the land grant support program, the council or land grants in general or particular.

          B. The bureau, on the advice of the council, may:

                (1) assist land grants in all areas of land grant fiscal and programmatic management, including planning, economic development and infrastructure development;

                (2) establish cooperative purchasing capabilities for land grants;

                (3) perform special studies and undertake surveys of interest to land grants and report the findings;

                (4) serve as fiscal agent and administrator for federal and state grants-in-aid and other funding for a land grant when necessary;

                (5) facilitate or enter into agreements with state and federal agencies on behalf of land grants; and

                (6) provide other assistance to land grants.

          C. The bureau shall:

                (1) facilitate the exchange of experience and advice among land grants;

                (2) serve, in conjunction with the council, as a liaison between land grants and federal, state and local agencies;

                (3) promote cooperation between land grants and, by consultation and advice, assist in the coordination of land grant programs;

                (4) provide board development opportunities and technical assistance to the governing boards of land grants;

                (5) provide short- and long-range planning assistance to land grants;

                (6) conduct training sessions for land grants on topics of interest, such as:  

                     (a) local, state and national zoning trends and concerns and other land-use issues;

                     (b) state requirements for political subdivisions on such topics as open meetings, public records, procurement, risk management, tort claims and financial accountability;

                     (c) techniques of historical research;

                     (d) grant writing;

                     (e) economic development strategies; and

                     (f) rangeland management and water conservation;

                (7) disseminate information to relevant federal, state and local agencies on land grant issues and activities and, when requested, on the status of individual land grants;

                (8) on the advice of the council, develop and promote federal legislation for an appropriate congressional response to longstanding community land grant claims in New Mexico; and

                (9) review state and federal policies, plans and legislation affecting land grants in New Mexico.

     Section 5. REPORT TO GOVERNOR AND LEGISLATURE.--The council and the bureau shall report to the governor and the legislature by December 1 of each year on the state of land grants in New Mexico and the activities of the council and the bureau for that year.

     Section 6. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal year 2010 to establish the land grant bureau and to provide technical assistance to land grants pursuant to the Land Grant Support Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

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