SENATE BILL 364

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO PUBLIC LANDS; AMENDING A SECTION OF THE NMSA 1978 TO INCLUDE THE COMMISSIONER OF PUBLIC LANDS IN THE REVIEW OF PROPOSED CHANGES IN LEGISLATIVE JURISDICTION OVER ANY LAND OR OTHER AREA, INCLUDING NATIONAL MONUMENTS; REQUIRING THE GOVERNOR, THE COMMISSIONER OF PUBLIC LANDS AND THE ATTORNEY GENERAL TO DETERMINE IF A NATIONAL MONUMENT IS CONFINED TO THE SMALLEST AREA NECESSARY FOR THE PROPER CARE AND MANAGEMENT OF THE ITEMS TO BE PROTECTED BY THE UNITED STATES; AUTHORIZING LITIGATION BY THE ATTORNEY GENERAL.

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

     SECTION 1. Section 19-2-2 NMSA 1978 (being Laws 1963, Chapter 262, Section 1) is amended to read:

     "19-2-2. JURISDICTION--TRANSFER PROCEDURE.--

          A. [In order] To acquire all or any measure of legislative jurisdiction [of the kind involved in] pursuant to Article I, Section 8, Clause 17 of the constitution of the United States over any land or other area, or [in order] to relinquish such legislative jurisdiction or any measure thereof [which] that may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the governor a notice of intention to acquire or relinquish such legislative jurisdiction, together with a sufficient number of duly authenticated copies [thereof] to meet the recording requirements of Subsection [C] F of this section [with the governor]. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in [jurisdictional status] jurisdiction is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred.

          B. Immediately upon receipt of the notice, the governor shall furnish the commissioner of public lands and the attorney general with a copy of it and shall request [his] their comments and recommendations.

          C. In the case of land or other area proposed to be designated a national monument, the governor shall request:

                (1) a detailed accounting and the precise global positioning system location of each item to be protected;

                (2) the square footage that each item to be protected occupies; and

                (3) a peer-reviewed justification for the protection by the federal government of each item.

          D. The governor, the commissioner of public lands and the attorney general shall determine whether the land or other area proposed to be designated a national monument is the smallest area necessary for the proper care and management of the items to be protected by the designation. The attorney general may commence an action to limit the area of the land or other area to be designated to the smallest area necessary for the proper care and management of the items to be protected.

          [B.] E. The governor shall transmit the notice, together with [his] the governor's comments and recommendations, if any, and the comments and recommendations of the commissioner of public lands and the attorney general, if any, to [the next session of] the legislature. Unless prior to the [expiration] adjournment of the next legislative session [to which the notice is transmitted] the legislature has adopted a resolution approving the transfer of legislative jurisdiction as proposed in the notice, the transfer shall not be effective.   

          [C.] F. The governor shall cause a duly authenticated copy of the notice and resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and, upon such recordation, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a duly authenticated copy of the notice and resolution shall be recorded in the county clerk's office of each such county.

          [D.] G. The governor shall cause copies of all documents recorded pursuant to [this act] Sections 19-2-2 through 19-2-4 NMSA 1978 to be filed with the state law library."

- 4 -