HOUSE BILL 291

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Yvette Herrell and Mary Kay Papen

AN ACT

RELATING TO PUBLIC LANDS; CREATING THE NEW MEXICO FEDERAL LAND MANAGEMENT STUDY COMMISSION; MAKING AN APPROPRIATION.

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

     SECTION 1. TEMPORARY PROVISION--NEW MEXICO FEDERAL LAND MANAGEMENT STUDY COMMISSION.--

          A. The "New Mexico federal land management study commission" is created. The commission shall function from the date of its appointment until December 31, 2016. The commission shall be composed of the following members:

                (1) four members of the legislature, two from the house of representatives, appointed by the speaker of the house of representatives, and two from the senate, appointed by the committees' committee, or if the appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the committees' committee;

                (2) the commissioner of public lands or the commissioner's designee;

                (3) the secretary of energy, minerals and natural resources or the secretary's designee;

                (4) the state forester or the state forester's designee;

                (5) the director of the state parks division of the energy, minerals and natural resources department or the director's designee;

                (6) the secretary of tourism or the secretary's designee;

                (7) the secretary of cultural affairs or the secretary's designee;

                (8) the secretary of finance and administration or the secretary's designee;

                (9) the secretary of Indian affairs or the secretary's designee;

                (10) the president of the land grant council or the president's designee;

                (11) the executive director of the New Mexico association of counties or the executive director's designee; and

                (12) three members of the public, to be appointed by the governor; provided that of those three members, not more than two shall be from the same political party.

          B. The commission shall select a chair and vice chair from among its members at the first meeting.

          C. The public members of the commission shall be reimbursed pursuant to the Per Diem and Mileage Act.

          D. The legislative council service and the state land office shall provide staff for the commission.

          E. After July 1, 2015, the commission shall meet regularly and shall study:

                (1) options for the transfer of federal lands to the state;

                (2) options for the transfer of state and federal lands to the Indian nations, tribes and pueblos of the state;

                (3) options for the transfer of state and federal lands to the state's land grants; and

                (4) possible land exchanges between the state and the federal government.

          F. When undertaking its study pursuant to Subsection E of this section, the commission shall consider:

                (1) opportunities for improved wildlife management;

                (2) opportunities for transferring title of culturally or spiritually significant lands to the Indian nations, tribes and pueblos of the state;

                (3) opportunities for transferring title of culturally or spiritually significant lands to the state's land grants;

                (4) opportunities to address problems concerning land access; and

                (5) opportunities for cost savings to the state or to the federal government.

          G. The secretary of Indian affairs shall consult with representatives of the Indian nations, tribes and pueblos to determine which, if any, state and federal lands should be included in the commission's discussions.

          H. The commission shall take testimony from representatives of a wide spectrum of groups, including environmental organizations, farmers, hunting and fishing organizations, ranchers and outdoor sporting organizations.

          I. The commission may study any other issue related to public lands as determined by the commission. 

          J. In 2015, the commission shall report to the legislative finance committee and the appropriate legislative interim committees with an update on the progress that the commission has made with respect to its study. Each report shall additionally address issues pertaining to Native American affairs, land grants, water and natural resources and economic and rural development. The commission shall promptly agree to any request for a report to any legislative interim committee that desires an update on its study. The commission shall complete its study and report its final findings and recommendations to the legislative finance committee and the appropriate legislative interim committees by December 31, 2016.

          K. Nothing in this section shall be construed as to prejudice or adversely affect any rights, claims or privileges of New Mexico's historic land grants.

     SECTION 2. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2016 and 2017 to pay the costs associated with the study and reports required to be made by the New Mexico federal land management study commission and for reimbursing per diem and mileage expenses of the public and legislative members of the commission. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

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