HOUSE MEMORIAL 52
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Angelica Rubio and Stephanie Garcia Richard
A MEMORIAL
REQUESTING THE STATE LAND OFFICE, THE DEPARTMENT OF ENVIRONMENT AND THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO JOINTLY CONDUCT A STUDY ON THE IMPACT OF A BORDER WALL ON WILDLIFE ALONG THE NEW MEXICO AND MEXICO BORDER PRIOR TO THE TRANSFER OF ANY STATE LAND TO THE FEDERAL GOVERNMENT FOR CONSTRUCTION OF THE WALL.
WHEREAS, the president of the United States is demanding that a physical barrier, commonly referred to as "the wall", be constructed along the border between the United States and the Republic of Mexico; and
WHEREAS, a portion of the wall may extend along the border between New Mexico and Mexico and may occupy land that is owned by New Mexico or held in trust for New Mexico beneficiaries; and
WHEREAS, evidence suggests that the wall will not prevent determined people from going over, under or through it by a variety of means, but evidence indicates that the wall will be a significant barrier to the free movement of wildlife, which movement is necessary to the existence of that wildlife; and
WHEREAS, where New Mexico and Arizona meet Mexico is one of the largest protected landscapes in North America outside of Alaska and northern Canada; and
WHEREAS, more than seven thousand plant and animal species make their homes in the border region, and more than one-half of the bird species on the North American continent claim habitat along the border; and
WHEREAS, the United States and Mexico border has the greatest wildlife diversity in the United States. The border between New Mexico and Mexico contains a series of north-south corridors that are essential for many species of wildlife to find food, water and mates. Many wildlife populations in New Mexico depend on their connection to herds, dens, flocks and families in Mexico for their genetic diversity and long-term survival. A barrier across the landscape fragments the habitat and divides the population of wildlife into small groups that are more vulnerable to extinction; and
WHEREAS, one such animal is the American jaguar, which was hunted almost to extinction in the United States last century before receiving protection, although a population of the cats remained in Mexico. Recent evidence reflects increased numbers making excursions north of the border, potentially bringing back an apex predator whose survival is critical to every other species in the region; and
WHEREAS, to permit the construction of the wall that would tear through wildlife refuges, wilderness areas, national monuments and national forests along the border, damaging endangered species habitats, damming natural watercourses and otherwise violating the nation's environmental laws, the United States congress has allowed the federal secretary of homeland security to waive any federal law that gets in the way of the wall's construction. More than thirty such federal laws, including the National Environmental Policy Act of 1969, the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Archaeological and Historic Preservation Act, the Farmland Protection Policy Act and the Native American Graves Protection and Repatriation Act, have been waived to build the current portions of the wall and related barriers; and
WHEREAS, the nonpartisan congressional research service has characterized the current federal waivers of environmental regulations on the United States-Mexico border as the broadest waiver of law in American history to ignore water pollution, waste disposal, historic preservation and environmental laws; and
WHEREAS, in the absence of federal environmental protection on the border, it is within New Mexico's state rights to exercise its own environmental studies on its state land to protect the best interest of state residents, including protecting the outdoor recreation economy along the border; and
WHEREAS, the federal department of homeland security estimates that the wall along the whole border will cost the American taxpayers more than twenty-one billion dollars ($21,000,000,000); and
WHEREAS, the federal government has provided little funding for studying the environmental impacts of the border wall; and
WHEREAS, the current survival of the wildlife species along the border is due to years of hard work by people on both sides of the border; and
WHEREAS, concern about the negative impacts of the wall on wildlife has been reported in articles published in or by many publications and groups, including Scientific American, the defenders of wildlife, the southwest environmental center, the New Mexico wildlife federation, the Albuquerque Journal, the Las Cruces Sun-News, the Sierra club, Business Insider and vox.com;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state land office, the energy, minerals and natural resources department and the department of environment jointly be requested to conduct an environmental impact statement, following rules of the department of environment for such a document, of the possible construction of the wall along the New Mexico and Mexico border in order that the residents of New Mexico may understand both the short- and long-term consequences of the wall to New Mexico's wildlife heritage and the real environmental and ecological costs of such a project; and
BE IT FURTHER RESOLVED that the state land office, the energy, minerals and natural resources department and the department of environment be requested to coordinate among themselves and with the general services department to determine if and when state-owned land or state trust land is being considered for transfer or is being transferred to the government of the United States for construction of the wall; and
BE IT FURTHER RESOLVED that the environmental impact statement be completed by December 1, 2018, or prior to the date of any transfer of state-owned or state trust land to the government of the United States for construction of the wall, whichever date is earlier, and published on the sunshine portal, released to the press and provided to the federal department of homeland security and to the New Mexico congressional delegation; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the commissioner of public lands, the secretary of energy, minerals and natural resources, the secretary of environment, the secretary of general services and the New Mexico congressional delegation.
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