HJM042

HOUSE JOINT MEMORIAL 42

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Debbie A. Rodella

A JOINT MEMORIAL

REQUESTING THE GOVERNOR TO ISSUE AN EXECUTIVE ORDER THAT PROVIDES FOR LOCAL GOVERNMENTS AND LAW ENFORCEMENT AGENCIES TO HAVE THE SAME STANDING AS THE STATE WHEN ACTING AS ENTITIES WITH ANY FEDERAL AGENCY.

WHEREAS, New Mexico enjoys a unique fabric of custom, culture and history, resulting from centuries of habitation by a variety of people whose identities are grounded in natural resources; and

WHEREAS, agriculture, the utilization of natural resources and the responsible stewardship of the land have been primary pursuits and a unifying theme among all of New Mexico's cultures for centuries, providing a stable base for local economies, community stability and support for the historic lifestyles of New Mexico's people; and

WHEREAS, federal land, resource and environmental management policies have the potential to conflict with plans and policies enacted by local governments to the detriment of the health, safety and welfare of the residents of New Mexico, the local environment and the local customs, culture and communities that rely on natural resources and natural resource products for personal and economic well-being; and

WHEREAS, federal agencies have an obligation under federal law to coordinate, at all stages of the planning and management processes, with state and local governments in the development, implementation and enforcement of federal plans and policies;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the governor be requested to issue an executive order that provides for the state's political subdivisions and law enforcement agencies to have the same standing as the state when acting as coordinating entities with any federal agency or entity with regard to plans and policies being enacted by federal agencies within the state. In enacting this policy, the state requests federal agencies to:

A. keep apprised of state, tribal and the state's political subdivision plans, policies and programs and ensure that there is consistency with the state's political subdivision plans when developing federal rules, plans, policies or management actions;

B. provide early notification to the state's political subdivisions at the time of initial scoping of the development of any plan, policy or action;

C. provide the opportunity for meaningful input by a state's political subdivision to the development of any federal plan, policy or action that may or will affect the state's political subdivision, natural resources within its jurisdiction or its residents;

D. make all practical efforts, in good faith, to resolve conflicts at the lowest level possible between federal and the state's political subdivision policies or plans and reach consistency with the state's political subdivision's plans and policies through coordination; and

E. develop procedures for coordination with and provide for meaningful input by the state's political subdivisions regarding the merits of each rule, plan, action or proposal developed by federal agencies; and

BE IT FURTHER RESOLVED that as used in this memorial and the governor's executive order, "coordination" means the process by which federal or state government agencies seek, in good faith, to reach consistency between a federal or state regulation, rule, plan or policy and a political subdivision's law, regulation, plan or policy; and

BE IT FURTHER RESOLVED that all state agencies be asked to assist, as appropriate, in implementing this memorial and the governor's order to achieve its purposes and that the actions mandated as a result of this executive order be accomplished within the bounds of, and consistent with, the relevant federal agencies' or the state's agencies', boards' or commissions' existing statutory and regulatory authorities; and

BE IT FURTHER RESOLVED that the governor be requested to issue an executive order that requires state agencies, boards and commissions to coordinate their planning and policymaking with the political subdivisions of the state to include but not be limited to the state implementation of federal programs or policies. In enacting this policy, the legislature requests that the governor's executive order direct the state agencies, boards and commissions to:

A. keep apprised of the state's political subdivision's plans, policies and programs and, where practicable and consistent with state law, ensure that there is consistency with the state's political subdivision's plans when developing rules, plans, policies or management actions, providing the state's political subdivisions have provided their plans and policies to the agencies, boards and commissions;

B. provide early direct notification to the state's political subdivisions of the development of any rule, plan, policy or action to those political divisions that have requested notification;

C. provide the opportunity for meaningful input by the state's political subdivisions to the development of any state agency, board or commission rule, plan, policy or action that will or may affect the political subdivision, the natural resources within the political subdivision's jurisdiction or the political subdivision's residents;

D. make all practical efforts, in good faith, to resolve conflicts at the lowest level possible between state agencies, boards or commissions and the political subdivision's policies and plans and, where practicable and not in conflict with state law, reach consistency with those plans and policies; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor and the members of the New Mexico congressional delegation.

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