SENATE BILL 993

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO PUBLIC LANDS; CREATING THE LAND EXCHANGE REVIEW BOARD TO REVIEW PROPOSED EXCHANGES OF STATE LANDS; PROVIDING FOR AN ANNUAL INVENTORY OF STATE LANDS AVAILABLE FOR RECREATIONAL PURPOSES.

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

     Section 1. LAND EXCHANGE REVIEW BOARD.--

          A. The "land exchange review board" is created. The board shall consist of six members who represent interests that use state lands, including ranchers, sportsmen, environmentalists and the extractive industries. Members shall be appointed as follows:

                (1) two members appointed by the commissioner of public lands;

                (2) two members appointed by the governor;

                (3) one member appointed by the speaker of the house of representatives; and

                (4) one member appointed by the president pro tempore of the senate.

          B. In addition to the members appointed pursuant to Subsection A of this section, when considering a proposed land exchange, an additional member shall be appointed by the governing body of each beneficiary of the state land proposed to be exchanged; provided that, for land exchanges of state land for which the public schools are the beneficiary, the beneficiary shall be represented by a designee of the secretary of public education.

          C. Members shall serve at the pleasure of their appointing authority and, at the discretion of the appointing authority, new members may be appointed for each meeting of the land exchange review board. Members shall not be paid but shall receive reimbursements from the state lands maintenance fund for per diem and mileage pursuant to the Per Diem and Mileage Act.

          D. Prior to entering into an exchange of state lands, the commissioner of public lands shall send a notice to the members of the land exchange review board and the other appointing authorities. In addition, the notice shall be published in a newspaper of statewide circulation, published in a newspaper of general circulation in the area included in the proposed land exchange and mailed to each person who has requested such a notice from the commissioner. The notice shall describe the proposed exchange, explain the perceived benefits, as well as any possible detriments, to the proposed exchange and establish a date, not less than thirty days from the notice, for a meeting of the land exchange review board. At the meeting of the board held pursuant to the notice, the commissioner of public lands shall explain the proposed exchange and the board shall hear comments from interested persons and advise the commissioner on the merits of proceeding with the exchange.

          E. In addition to meetings convened to review proposed land exchanges pursuant to Subsection D of this section, the commissioner of public lands shall annually, no earlier than August 1 or later than December 1, convene a meeting of the land exchange review board to present an accounting, as of the end of the previous fiscal year, of all state lands available for public access and recreational use and to receive comments from interested parties on the multiple uses of state lands. Notice of the meeting shall be given in the same manner as the notice required for meetings held pursuant to Subsection D of this section.

          F. The commissioner of public lands shall not enter into any agreement for the exchange of state lands without complying with the provisions of this section.