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F I S C A L I M P A C T R E P O R T

SPONSOR Lujan,B.

ORIGINAL DATE

LAST UPDATED

2-23-07

2-27-07 HB HJM 51

SHORT TITLE Rio Grande Wildlife Conservation Area

SB

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

State Land Office (SLO)

Department of Game and Fish (DGF)

Energy, Minerals and Natural Resources Department (EMNRD)

SUMMARY

Synopsis of Bill

House Joint Memorial 51

describes the various reasons – ecological, recreational and cultural –

why the area that the Rio Grande traverses between Velarde, New Mexico, and the Colorado

border is significant and why its resource values should be preserved for future generations. The

memorial resolves that this area should be established as an official “wildlife and conservation

area" and encourages the New Mexico Department of Game and Fish, the New Mexico State

Land Office, the U.S. Bureau of Land Management, and all other related state agencies to work

cooperatively to protect habitat and manage the area under sustained yield principles. There is

no appropriation attached to this legislation.

SIGNIFICANT ISSUES

EMNRD notes that this memorial, “…takes a small, but important step toward holistic

management of an area that is important to all New Mexicans—and perhaps nationally—because

of its significant geologic, scenic, recreational and wildlife values." At the present time, the

department’s State Parks Division (SPD) does not operate any state parks within the proposed

Rio Grande wildlife and conservation area, though it did in the past, prior to when a portion of

House Joint Memorial 51 – Page

2

the Rio Grande corridor was returned to Bureau of Land Management (BLM) oversight.

Depending on the vision for recreation within the proposed conservation area, EMNRD

anticipates that it could include a role for SPD in the future.

DGF indicates that it currently works closely with the BLM to maintain wildlife values, and that

the resolutions of this memorial are not expected to significantly alter the department’s role in

wildlife management in the proposed Rio Grande Wildlife Conservation Area.

SLO notes that SLO lands are interspersed with BLM lands throughout the area, and based upon

the descriptions in the Memorial, about 3,534 SLO subsurface acres and 39,398 SLO surface and

subsurface acres may be affected. Mineral activity may be restricted. In the area, there exists

perlite and red cinder mining, oil and gas leases, and interest for mining aggregate for highway

construction. Designation of a wildlife conservation area may restrict development of these

resources on SLO lands and limit income potential to the trust.

TECHNICAL ISSUES

DGF states that it is uncertain how the intent of this memorial, as worded, can be accomplished

in an area of which the majority of land is federal and private land. It is also uncertain how this

intent may be in accord with constitutional obligations applicable to State Land managed by the

State Land Office.

SLO advises that the Commissioner of Public Lands has a fiduciary duty to protect the assets of

the Trust and is legally bound to take actions that are in the best interests of the Trust. Any

exchange with the BLM must benefit the Trust.

EMNRD indicates that while the legislation creates no direct issues for SPD currently, if a “Rio

Grande wildlife and conservation area" is established, it could possibly involve SPD in some

capacity in the future.

BFW/mt