HOUSE BILL 292
51st legislature - STATE OF NEW MEXICO - first
session, 2013
INTRODUCED BY
Yvette
Herrell , Richard C. Martinez [and Debbie Rodella]*
AN
ACT
RELATING TO PUBLIC LANDS;
CREATING THE TRANSFER OF PUBLIC LANDS ACT; DEFINING PUBLIC LANDS TO BE
TRANSFERRED FROM THE FEDERAL GOVERNMENT TO THE STATE; DEVELOPING A MECHANISM FOR
THE TRANSFER OF FEDERAL PUBLIC LANDS TO THE STATE; CREATING THE PUBLIC LANDS
TRANSFER TASK FORCE.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be
cited as the "Transfer of Public Lands Act".
SECTION 2. DEFINITIONS.--As used in the
Transfer of Public Lands Act:
A.
"public lands" means lands within the exterior boundaries of this state
except:
(1)
lands to which title is held by a person who is not a governmental
entity;
(2)
lands owned or held in trust by this state, a political subdivision of this
state or an independent entity;
(3)
lands reserved for use by the state for education and internal improvements, as
described in the provisions of the Enabling Act for New
Mexico;
(4)
lands within the exterior boundaries as of January 1, 2013 of the following that
are designated as national parks or national historical parks:
(a)
Carlsbad caverns national park;
(b)
Chaco culture national historical park; and
(c)
Pecos national historical park;
(5)
lands within the exterior boundaries as of January 1, 2013 of the following
national monuments managed by the national park service as of January 1,
2013:
(a)
Aztec ruins national monument;
(b)
Bandelier national monument;
(c)
Capulin volcano national monument;
(d)
El Malpais national monument;
(e)
El Morro national monument;
(f)
Fort Union national monument;
(g)
Gila cliff dwellings national monument;
(h)
Kasha-Katuwe tent rocks national monument;
(i)
Petroglyph national monument;
(j)
Prehistoric trackways national monument;
(k)
Salinas Pueblo missions national monument; and
(l)
White Sands national monument; (6)
lands within the exterior boundaries as of January 1, 2013 of the following
wilderness areas located in the state that, as of January 1, 2013, are
designated as part of the national wilderness preservation system under the
federal Wilderness Act of 1964:
(a)
Aldo Leopold wilderness;
(b)
Apache kid wilderness;
(c)
Bandelier wilderness;
(d)
Bisti/De-Na-Zin wilderness;
(e)
Blue range wilderness;
(f)
Bosque del Apache wilderness;
(g)
Capitan mountains wilderness;
(h)
Carlsbad caverns wilderness;
(i)
Cebolla wilderness;
(j)
Chama river canyon wilderness;
(k)
Cruces basin wilderness;
(l)
Dome wilderness;
(m)
Gila wilderness;
(n)
Latir peak wilderness;
(o)
Manzano mountain wilderness;
(p)
Ojito wilderness;
(q)
Pecos wilderness;
(r)
Sabinoso wilderness;
(s)
Salt creek wilderness;
(t)
San Pedro parks wilderness;
(u)
Sandia mountain wilderness;
(v)
West Malpais wilderness;
(w)
Wheeler peak wilderness;
(x)
White mountain wilderness; and
(y)
Withington wilderness;
(7)
lands with respect to which the jurisdiction is ceded to the United States as
provided in Sections 19-2-6 through 19-2-9 and 19-2-11 NMSA 1978 or under Clause
17 of Section 8 of Article I of the United States
constitution;
(8)
real property or tangible personal property owned by the United States if the
property is within the boundaries of a municipality; or
(9)
lands, including water rights, belonging to an Indian nation, tribe, pueblo,
band or community that is held in trust by the United States or is subject to a
restriction against alienation imposed by the United States;
B. "task
force" means the public lands transfer task force; and
C. "net
proceeds" means the proceeds from the sale of public lands, after subtracting
expenses incident to the sale of the public lands.
SECTION 3. LAND GRANTS.--Nothing in the
Transfer of Public Lands Act shall be construed as to prejudice or adversely
affect any rights, claims or privileges of New Mexico's historic land
grants.
SECTION 4. TRANSFER OF PUBLIC
LANDS.--
A. On or
before December 31, 2015, the United States shall:
(1)
extinguish title to public lands; and
(2)
transfer title to public lands to the state.
B. If the
state transfers title to any public lands with respect to which the state
receives title under Paragraph (2) of Subsection A of this section, the state
shall:
(1)
retain five percent of the net proceeds the state receives from the transfer of
title; and
(2)
pay ninety-five percent of the net proceeds the state receives from the transfer
of title to the United States.
C. In
accordance with Article 12, Section 2 of the constitution of New
Mexico, the amounts
the state retains in accordance with Paragraph (1) of Subsection B of this
section shall be deposited into the permanent school fund.
SECTION 5. PUBLIC LANDS TRANSFER TASK
FORCE.--
A. The
"public lands transfer task force" is created. The task force shall be composed
of the following members:
(1)
four members of the legislature, two from each chamber, appointed by the speaker
of the house of representatives and the president pro tempore of the
senate;
(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 general services or the secretary's designee;
(7)
the state treasurer or the state treasurer's designee;
(8)
the secretary of transportation or the secretary's designee;
(9)
the secretary of cultural affairs or the secretary's designee;
(10)
the secretary of finance and administration or the secretary's
designee;
(11)
the secretary of Indian affairs or the secretary's designee;
(12)
the president of the land grant council or the president's designee;
and
(13)
the executive director of the New Mexico association of counties or the
executive director's designee.
B. The
co-chairs of the task force shall be the commissioner of public lands or the
commissioner's designee, and the secretary of energy, minerals and natural
resources or the secretary's designee.
C. The
legislative council service, the state land office and the energy, minerals and
natural resources department shall provide staff for the task
force.
D. The
task force shall hold its first meeting on or before July 1, 2013, shall meet
regularly and shall report annually to the legislature with an update on the
progress the task force has made concerning facilitating the transfer of public
lands to the state. Staff for the task force shall meet before the first meeting
of the task force to prepare for that meeting.
E. The
task force shall report at least one time during the interim to the legislative
finance committee and to any interim committee created by the New Mexico
legislative council to consider Native American affairs, land grant issues,
water and natural resources or economic and rural development. The task force
shall promptly agree to any request for a report to any other interim
legislative committee that desires an update on its work.
F. The
task force shall take testimony from representatives of a wide spectrum of
groups, including environmental organizations, farmers, hunting and fishing
organizations, ranchers and outdoor sporting organizations, before proposing any
legislation.
G. During
the 2013 interim, the task force shall prepare proposed
legislation:
(1)
creating a public lands commission to:
(a)
administer the transfer of title of public lands to the state;
and
(b)
address the management of public lands and the management of multiple uses of
public lands, including addressing managing open spaces, access to public lands,
local planning and the sustainable yield of natural resources on public
lands;
(2)
establishing actions that shall be taken to secure, preserve and protect the
state's rights and benefits related to the United States' duty to have
extinguished title to public lands, in the event that the United States does not
meet the requirements of the Transfer of Public Lands Act;
(3)
making any necessary modifications to the definition of "public lands" in the
Transfer of Public Lands Act, including any necessary modifications to the list
provided in Paragraphs (4) through (6) of Subsection A of Section 2 of the
Transfer of Public Lands Act;
(4)
making a determination of or a process for determining interests, rights or uses
related to:
(a)
easements;
(b)
geothermal resources;
(c)
grazing;
(d)
land grants;
(e)
mining;
(f)
natural gas;
(g)
oil;
(h)
recreation;
(i)
rights of entry;
(j)
special uses;
(k)
timber;
(l)
water; or
(m)
other natural resources or other resources; and
(5)
determining what constitutes "expenses incident to the sale of public lands"
described in Subsection C of Section 2 of the Transfer of Public Lands
Act.
H. During
the 2013 interim, the task force shall study and determine whether to prepare
proposed legislation:
(1)
administering the process for:
(a)
the United States to extinguish title to public lands;
(b)
the state to receive title to public lands from the United States;
or
(c)
the state to transfer title to any public lands the state receives in accordance
with the Transfer of Public Lands Act;
(2)
establishing a prioritized list of management actions for the state and the
political subdivisions of the state to perform on public
lands:
(a)
before and after the United States extinguishes title to public lands;
and
(b)
to preserve and promote the state's interest in: 1) protecting public health and
safety; 2) preventing catastrophic wildfire and forest insect infestation; 3)
preserving watersheds; 4) preserving and enhancing energy and the production of
minerals; 5) preserving and improving range conditions; and 6) increasing plant
diversity and reducing invasive weeds on range and woodland portions of the
public lands;
(3)
establishing procedures and requirements for subjecting public lands to property
taxation;
(4)
establishing other requirements related to national forests, national recreation
areas or other public lands administered by the United States;
and
(5)
addressing the indemnification of a political subdivision of the state for
actions taken in furtherance of the Transfer of Public Lands
Act.
I. The
task force may study any other issue related to public lands as determined by
the task force.
SECTION 6. TEMPORARY PROVISION.--The public
lands transfer task force is terminated on July 1, 2016.
SECTION 7. SEVERABILITY.--If any part or
application of the Transfer of Public Lands Act is held invalid, the remainder
or its application to other situations or persons shall not be
affected.
SECTION 8. EFFECTIVE DATE.--The effective date
of the provisions of this act is July 1, 2013.
*Senator Richard Martinez (D), Rep. Debbie Rodella (D) and Rep. Yvette Herrell co-sponsored the bill. Others who signed on to the bill were: Rep. Paul Bandy (R), Rep. Patricia Lundstrom (D), Rep. Donna Irwin (D), Rep. Zach Cook (R), Minority Leader Rep. Don Bratton (R), Minority Whip Rep. Nate Gentry (R), and Rep. Candy Spence Ezzell (R).
*Senator Richard Martinez (D), Rep. Debbie Rodella (D) and Rep. Yvette Herrell co-sponsored the bill. Others who signed on to the bill were: Rep. Paul Bandy (R), Rep. Patricia Lundstrom (D), Rep. Donna Irwin (D), Rep. Zach Cook (R), Minority Leader Rep. Don Bratton (R), Minority Whip Rep. Nate Gentry (R), and Rep. Candy Spence Ezzell (R).
For awhile now, I have been forwarding your articles to the founder of the Tejano Land Grant Society (TLGS), Pat Trevino, Porcion 103 heir. She faithfully posts your articles. This article was posted and you had 31 views. One of the board members of TLGS, Yolanda Martinez (Land Grant Specialist), commented by starting off with the word "Wow!!" and continued on by saying we should do the same in Texas. Thank you, Mike, so very much for sharing your time, knowledge and passion in helping land grant heirs. Your articles are proven learning tools and definitely reaching and teaching us Tejanos!!
ReplyDeleteVery best regards,
Alia D. Garcia-Ureste
TEXAS
Thank you Alia. You are a real force in forwarding information regarding land grant history in the Southwest. An amended bill which provided much better representation for the citizenry was introduced last week but unfortunately the committee that heard it-tabled it. Hopefully it will be revived before the end of the legislative session.
DeletePlease feel free to send the recording of my presentation to any live streaming radion station you feel might have an interest in it. Until we meet again-may God bless you and your family and friends.
Mike
Fantastic blog!!! Thanks for sharing nice information.
ReplyDeleteTrespasser prevention