FIFTY-SIXTH LEGISLATURESB 94/a
FIRST SESSION, 2023
February 16, 2023
Mr. President:
Your FINANCE COMMITTEE, to whom has been referred
SENATE BILL 94
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 9, between lines 3 and 4, insert the following new
section:
"SECTION 2. Section 16-3-4 NMSA 1978 (being Laws 1973, Chapter
372, Section 4, as amended) is amended to read:
"16-3-4. STATE TRAILS SYSTEM CREATED--TYPES OF TRAILS--
PLANNING.--
A. There is created a "state trails system" composed of:
(1) "state scenic trails", which are extended trails
so located as to provide maximum potential for the appreciation of
natural areas and for the conservation and enjoyment of the
significant scenic, historic, natural, ecological, geological or
cultural qualities of the areas through which such trails pass;
(2) "state recreation trails", which are trails
designed to provide a variety of outdoor recreational uses in or
reasonably accessible to urban areas and, where appropriate, shall
connect parks, scenic areas, historical points and neighboring
communities;
(3) "state historical trails", which are trails
designed to identify and interpret routes [which] that were
significant in the prehistoric settlement or historical development
of the state; and
(4) "special use trails", which are trails that may
provide uses also provided by scenic, recreation and historical
trails but which shall not be limited to such uses. The secretary
may designate special use trails in such locations as [he] the
secretary deems appropriate and may limit the use of such trails to
such special users as [he] the secretary determines. In designating
special use trails, the secretary shall give due regard to the
interests of users who have needs of a special nature [which] that
are not fulfilled by other trail types comprising the state trails
system.
B. State trails shall be supplemented by support
facilities deemed necessary and feasible by the secretary. These
facilities shall comply with [health and] department of environment
[department] standards and regulations.
C. In the planning and designation of trails, the
secretary shall give due regard to the interests of federal or state
agencies, counties, municipalities, private landowners and
interested individuals and recreational and conservation
organizations. The secretary shall give full consideration to the
inclusion of trails from all categories within the system.
D. The secretary shall prescribe the uses and limits of
each type of trail.
E. Separate trails may be established for motorized
vehicles but shall not be trails designated for horseback riding,
hiking or bicycling.
F. Before making a final designation of any trail, the secretary shall:
(1) hold a public hearing after proper notice within
the affected county and area; and
(2) as a result of the hearing, adopt a finding
approving or disapproving the trail based upon evidence as to the adverse effects that the trail has on the holders of any interest in
the lands in the proximity of the trail.
G. The provisions of the State Trails System Act relating
to the planning and designation of trails do not apply to the Rio
Grande trail."".
2. Renumber the succeeding sections accordingly.
___________________________________
Senator George Muñoz, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 8 For 0 Against
Yes: 8
No: 0
Excused: Campos, Hemphill, Woods
Absent: None
SB0094FC1.wpd .225376.2