SENATE BILL 85

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Tim Eichenberg

AN ACT

RELATING TO PARKS; AMENDING THE RIO GRANDE VALLEY STATE PARK ACT TO PROVIDE FOR EXPANSION OF RIO GRANDE VALLEY STATE PARK.

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

     SECTION 1. Section 16-4-9 NMSA 1978 (being Laws 1983, Chapter 18, Section 1) is amended to read:

     "16-4-9. SHORT TITLE.--[This act] Sections 16-4-9 through 16-4-16 NMSA 1978 may be cited as the "Rio Grande Valley State Park Act"."

     SECTION 2. Section 16-4-10 NMSA 1978 (being Laws 1983, Chapter 18, Section 2, as amended) is amended to read:

     "16-4-10. DECLARATION OF POLICY AND FUNDING INTENT.--

          A. The preservation, protection and maintenance of the natural and scenic beauty of a designated portion of the Rio Grande and its immediate corridor is in the public interest. The designation of the Rio Grande Valley state park will enable people to enjoy the recreational, environmental, educational and wildlife benefits of the river. Therefore, the legislature declares it to be in the public interest, in furtherance of sound environmental policy and for the good of the people to establish the Rio Grande Valley state park.

          B. It is the intent of the Rio Grande Valley State Park Act that the state parks division of the [energy, minerals and natural resources] department not bear the operating costs for the Rio Grande Valley state park except for the area within the Rio Grande nature center state park. The state may expend funds within the boundaries of the entire Rio Grande Valley state park as it deems appropriate.

          C. The secretary may expend state funds as a partner with local, state and federal agencies in the acquisition, development and management of the middle Rio Grande national wildlife refuge adjacent to the Rio Grande Valley state park."

     SECTION 3. Section 16-4-11 NMSA 1978 (being Laws 1983, Chapter 18, Section 3, as amended) is amended to read:

     "16-4-11. DEFINITIONS.--As used in the Rio Grande Valley State Park Act:

          A. "conservancy district" means the middle Rio Grande conservancy district;

          B. "department" means the energy, minerals and natural resources department;

          [B.] C. "operating party" means the party designated by the secretary to manage the state park; and

          [C.] D. "secretary" means the secretary of energy, minerals and natural resources."

     SECTION 4. Section 16-4-13 NMSA 1978 (being Laws 1983, Chapter 18, Section 5, as amended) is amended to read:

     "16-4-13. MANAGEMENT.--

          A. The provisions of the Rio Grande Valley State Park Act shall not take effect until the secretary has fully executed a management agreement with an operating party and shall cease to be in effect if the management agreement is terminated. The management agreement shall include a map delineating the boundaries of the park. The park shall be established when the management agreement is signed by the secretary and the designated representative of the operating party. A provision of the management agreement shall require twelve months' written notice prior to any termination taking effect.

          B. The operating party shall administer the Rio Grande Valley state park. The operating party shall develop, after public hearings, a management plan, for approval by the secretary, which is consistent with the provisions of the feasibility study previously prepared that satisfies the requirements of Subsection G of Section 16-2-11 NMSA 1978, to realize the objectives of the Rio Grande Valley State Park Act. The plan shall be prepared in cooperation with the appropriate federal, state and local agencies and shall include among other things:

                (1) consideration for cooperative management arrangements between state, federal, conservancy, flood control and municipal authorities;

                (2) measures to control recreational use of the designated river to protect the river's natural values; and

                (3) measures to minimize any adverse impact to the park caused by public transportation or other public improvement projects to be located in close proximity to the park.

          C. The operating party may seek the assistance and aid of the [game and fish] department of game and fish for resource and wildlife management within the Rio Grande Valley state park.

          D. The secretary may enter into cooperative agreements with local, state and federal agencies and other entities for the benefit of the Rio Grande Valley state park and cooperative agreements that establish the department's role as a partner in the middle Rio Grande national wildlife refuge adjacent to the Rio Grande Valley state park."

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