NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

(Parenthesis ( ) Indicate Revenue Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Department of Game and Fish (DGF)

State Land Office (SLO)

SUMMARY

Synopsis of ASCONC Amendment

The Senate Conservation Committee amendment adds language pertaining to the economic benefits and opportunities attained by the state of Texas from enacting a system that provides access for sportsmen to private lands adjacent to the state's trust lands. Additionally, the amendment requests that the study include a review of the Texas program.

Synopsis of Bill

HJM-42 requests the SLO to study the issues and factors limiting access to state trust land for recreation, hunting and angling. The agency is requested to evaluate alternatives to address limitations to access and make recommendations to the Legislature by December 1, 1999.

Significant Issues

According to the SLO, there are approximately nine million surface acres of state trust land scattered throughout New Mexico supporting over 3,200 agricultural leases, thousands of oil and gas leases, thousands of rights-of-way, and hundreds of business leases with private and public entities. Those nine million acres occur in parcel sizes ranging from a few acres to thousands of contiguous acres. A large percentage offer opportunities for wildlife conservation and recreational activities such as hunting and angling.

Given this opportunity, the SLO and DGF have entered into an agreement to provide for hunting and angling use of state trust land. Due to the nature of private, state and federal land ownership patterns in New Mexico, access to some state trust lands may be limited or non-existent. Neither party to the agreement has the authority to guarantee legal access, nor does the agreement represent such. The SLO cites that the agency does address access problems on a case-by-case basis in accordance with relevant law.

FISCAL IMPLICATIONS

The SLO reported that HJM-42 will have a fiscal impact in the form of salaries, benefits, possible travel and related office materials necessary for conducting the analysis and preparing the report. The DGF stated that it pays the SLO over $100.0 for hunting leases on state trust lands. The agency does not know if the memorial will have any impact upon this amount.

ADMINISTRATIVE IMPLICATIONS

In the view of the SLO, the agency will have to dedicate human resources to the effort of conducting the requested analysis and preparing the report.

CONSEQUENCES OF NOT ENACTING THIS BILL

Both agencies concur that there will continue to be conflict over access to specific state trust land for certain recreational, hunting and fishing activities. Also, the Legislature will not be fully apprised of the complexities and limitations associated with access to state trust land.

RP/njw