SENATE JOINT RESOLUTION 3

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Bill Tallman

A JOINT RESOLUTION

GRANTING CONCURRENT LEGISLATIVE JURISDICTION TO THE UNITED STATES OVER CERTAIN UNITS OF THE NATIONAL PARK SYSTEM IN NEW MEXICO.

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

     SECTION 1. Pursuant to the provisions of Section 19-2-2 NMSA 1978, concurrent legislative jurisdiction is granted to the United States over lands and waters owned, managed, leased or administered by the United States within the authorized boundaries of the following units of the national park system in New Mexico:

          A. Petroglyph national monument; and

          B. Valles Caldera national preserve.

Specific legal descriptions of the park boundaries are to be provided by the national park service.

     SECTION 2. As used in this resolution, "concurrent legislative jurisdiction" means the vesting in the state and the United States of all the rights accorded a sovereign with the broad qualification that such authority is held concurrently over matters, including criminal laws and police powers, and that it is the parallel right of both the state and the federal government to legislate with respect to such land and persons present or residing on it, subject only to the United States and state constitutional constraints.

     SECTION 3. The granting of concurrent legislative jurisdiction provided in Section 1 of this resolution is subject to compliance by the United States secretary of the interior with the provisions of 54 U.S.C. Section 100754.

     SECTION 4. It is recognized that additional tracts of land may be added to Petroglyph national monument, as authorized in Public Law 101-313, or the Valles Caldera national preserve, as authorized in Public Law 113-291, Sec 3043, due to land exchanges, donations or acquisitions. Upon any such modifications to the boundary, a letter to that effect with adequate legal descriptions will be provided to the governor to ensure that concurrent legislative jurisdiction is recognized on the additional tracts without any further legislative action required.

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