SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION 3

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

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 in effect on January 1 of the year in which this resolution is considered of the following units of the national park system in New Mexico:

          A. Petroglyph national monument; and

          B. Valles Caldera national preserve.

     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.

     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. Following approval of this resolution by the legislature and pursuant to Section 19-2-2 NMSA 1978, the governor shall cause a duly authenticated copy of this resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and upon the county recordation of this resolution and adequate legal descriptions of the applicable units of the national park system, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a duly authenticated copy of this resolution and adequate legal descriptions shall be recorded in the county clerk's office of each county.

     SECTION 5. 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 of Petroglyph national monument or Valles Caldera national preserve, a letter to that effect with adequate legal descriptions shall be provided to the governor to ensure that concurrent legislative jurisdiction is recognized on the additional tracts without any further legislative action required; provided that after providing the letter to the governor, the legal descriptions shall be recorded in the office of the county clerk of the county or counties in which the land is situated, and upon the county recordation, the transfer of jurisdiction shall take effect as to the additional tracts.

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