44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING A STUDY OF THE EXISTING CONSTITUTIONAL AND OTHER LEGAL IMPEDIMENTS TO REQUIRING LEGISLATIVE APPROVAL OF FEDERAL-STATE LAND TRADES.

WHEREAS, substantial confusion has existed about the authority of the state and particularly the legislative branch to require state review or prior approval to trades of state lands for federal lands; and

WHEREAS, this confusion has been compounded by conflicting opinions of the attorney general, unclear state and federal laws and ambiguous court decisions; and

WHEREAS, trades of state trust lands and other state lands for federal lands has a substantial and long-term impact on certain segments of New Mexico's economy and its environment; and

WHEREAS, a determination needs to be made about what, if any, legislative or judicial action is necessary to give the state an appropriate role in decisions about federal-state land trades;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council direct the legislative interim water and natural resources committee to study the described issues and report its findings and recommendations to the second regular session of the forty-fourth legislature; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the New Mexico legislative council.