SENATE JOINT MEMORIAL 53

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

William E. Sharer

A JOINT MEMORIAL

REQUESTING THAT THE LEGISLATIVE FINANCE COMMITTEE AND APPROPRIATE INTERIM COMMITTEES EXAMINE THE IDEA OF TRANSFERRING FEDERAL LANDS TO NEW MEXICO AND THAT THE COMMISSIONER OF PUBLIC LANDS PURSUE THE TRANSFER OF FEDERAL DISPOSAL LANDS.

     WHEREAS, the equal footing doctrine, Clause 1 of Section 2 of Article 4 of the United States constitution, ensures that all states enter the union on the same basis; and

     WHEREAS, the states of the western United States control less than fifty percent of their land, while the states of the eastern United States control over ninety-five percent of their land; and

     WHEREAS, fifty-two percent of the present severance tax on New Mexico lands flows to the federal government, which is money that would flow to the state were federal lands turned over to state management; and

     WHEREAS, the total severance tax revenue received by New Mexico is two hundred twenty-seven million dollars ($227,000,000) a year; and

     WHEREAS, federal mineral leases bring an additional five hundred two million dollars ($502,000,000) to the state; and

     WHEREAS, if New Mexico controlled these federal lands, there would be an additional seven hundred twenty-nine million dollars ($729,000,000) a year to fund New Mexico's schools; and

     WHEREAS, New Mexico has shown that it can manage its lands at an approximate cost of one dollar ($1.00) per acre, while the federal government manages its lands at a cost of four dollars ($4.00) per acre; and

     WHEREAS, lack of long-term federal planning and increased federal regulation have meant that federal lands have become an underused resource, resulting in a loss of economic development for the state and for New Mexico's local communities; and

     WHEREAS, New Mexico's Indian nations, tribes and pueblos are intrinsic to the state's identity and their lands must remain inviolate; and

     WHEREAS, New Mexico's land grant communities are also fundamental to the state's identity and their lands also must remain inviolate; and

     WHEREAS, New Mexico has a strong interest in protecting its wilderness heritage for hunting, fishing and outdoor recreation; and

     WHEREAS, New Mexico has an equally strong interest in protecting its watersheds, particularly given the serious drought that has gripped the southwest for many years; and

     WHEREAS, the commissioner of public lands is considering a request to the federal government to transfer one million acres of federal disposal lands to state management to add to the state's present acreage supporting the land grant permanent funds; and

     WHEREAS, the 2004 federal general accounting office report entitled "The Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico" declared that transferring federal lands to the state's land grant communities was an option to be considered to redress long-standing land grant claims; and

     WHEREAS, in 2001 the legislature passed, and the governor signed, Senate Bill 1, which declared that the United States had forfeited jurisdictional supremacy of forest lands in the state due to its inaction regarding conditions that make the state's forests susceptible to wildfires; and

     WHEREAS, a number of western states have taken the lead on these issues and have begun to examine how federal lands might be turned over to state management;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council instruct the legislative finance committee and any interim committees formed to consider economic and rural development, Native American affairs or land grant issues to examine the idea of transferring federal lands to the state; and

     BE IT FURTHER RESOLVED that the commissioner of public lands be requested to actively pursue the transfer of the one million acres of federal disposal lands to state management; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council and to the commissioner of public lands.

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