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F I S C A L I M P A C T R E P O R T
SPONSOR Irwin
ORIGINAL DATE
LAST UPDATED
02/06/08
HM 50
SHORT TITLE Border Fencing to Prevent Livestock Ingress
SM
ANALYST Escudero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicate To: SM50
SOURCES OF INFORMATION
LFC Files
Responses Received From
NMSU – Department of Agriculture (NMSU)
NM Livestock Board (NMLB)
Homeland Security (HSEMD)
SUMMARY
Synopsis of Bill
House Memorial 50 is a request to take all necessary steps to ensure barriers and fencing to
restrain livestock on the US/Mexico border, and to enlist the participation of all relevant
agencies.
FISCAL IMPLICATIONS
As stated by NMLB:
COST: Fencing sufficient to restrict cross-border livestock movement can be expected to cost in
excess of $5,000 per mile. Approximately 180 miles of border may be subject to such fencing.
There is little to study, other than making sure the fence is actually on the border. Planning and
procurement may take as long as 6 months. Construction, if a proper contract is in place, may
take an additional 9 to 12 months. ($5,000 x 180 = $900.000)
pg_0002
House Memorial 50 – Page
2
According to NMSU, as an international border issue any fencing costs incurred would likely be
the responsibility of the federal government. Costs incurred by the state would likely require
additional funding
.
SIGNIFICANT ISSUES
According to NMLB, this problem has recently arisen because of federal homeland security
agencies removing existing fences and replacing them with insufficient barriers that have little to
no effect on restraining movement of livestock across international lines.
Any unauthorized livestock crossing into the state from Mexico increase the risk of livestock-
borne diseases being spread among domestic herds. Such diseases can include but are not
limited to Bovine Tuberculosis, Brucelloses, Trichomoniasis, and numerous parasite transmitted
diseases such as Texas Fever which, ironically, was a primary reason for creation of this agency
120 years ago. These diseases are economically debilitating to the industry in New Mexico and,
because of federal requirements, can cause loss of animal health status by the state, affecting
every livestock producer in New Mexico. The adverse effect on a key economic segment is
obvious and significant.
In addition to animal health concerns, any domestic livestock that wander into Mexico become
unreachable by either the New Mexico owners or the New Mexico authorities. The potential for
loss by theft of livestock is more of a certainty than a probability. Also, the same disease
exposure problem exists.
According to NMSU, Establishing and maintaining adequate fencing and/or barriers to prevent
unauthorized livestock movement across the international border is critical to minimize the risk
of livestock borne diseases becoming established in New Mexico.
Detection of some animal diseases can initiate federal quarantine and/or restrictive
movement status on the state as a whole rather than only impacting a single animal or
isolated herd. As an example, a recent multimillion dollar initiative was undertaken to
eradicate bovine tuberculosis in an isolated area of the state in order to prevent restrictive
federal requirement upon the entire state.
The livestock industry accounts for approximately $2 billion in cash receipts in the state
annually. Taking steps to ensure adequate fencing is a preventive measure to help protect
the economic viability of this industry. HM 50 stresses the complicated nature of issues
along the border and emphasizes the necessity of a cooperative unified approach between
state and federal agencies. Additional ramifications include livestock theft and
potentially human health implications.
PERFORMANCE IMPLICATIONS
According to NMLB, any livestock wandering into New Mexico from Mexico must be estrayed
and disposed of under Livestock Board laws and policies. NMLB would have to impound or
confine livestock until proper origin and ownership is verified if that is even possible
pg_0003
House Memorial 50 – Page
3
ADMINISTRATIVE IMPLICATIONS
According to NMLB, proper fences and barriers would help mitigate the situation. Assurance of
proper fencing and barriers is not a responsibility of the New Mexico Livestock Board under its
existing statutes; therefore, any initiative taken by the agency would require additional resources
and authorization. At the minimum, 2 FTEs, plus vehicles and other equipment may be
necessary to patrol fence lines, or to examine, assess and ensure barriers and to their
functionality and effectiveness. This does not take into account the cost of construction, which,
again, is not a responsibility of the New Mexico Livestock Board. The matter is further
complicated by federal jurisdictional issues along the international border, as well as real and
increasing danger due to illicit trafficking of drugs and people in the area.
TECHNICAL ISSUES
As stated by NMLB, because such fences would become part of the international border, there is
some question as to whether they would be expected to come under federal responsibility,
therefore considered federal property and maintained as such.
The federal entities do not understand the type of construction and other requirements necessary
for restraint of livestock, nor do they understand the implications of livestock movement across
the border when those fences do not exist.
OTHER SUBSTANTIVE ISSUES
As stated by NMLB, a cooperative effort among all relevant local, state and federal agencies
must take into consideration relative jurisdictions, resource availability, commonality of purpose
and mission, existing laws, regulations, international agreements, impacts on affected ranchers
and farmers, and willingness to work together.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Duplicate To: SM50
ALTERNATIVES
As stated by NMLB, good fences make good neighbors. This principal extends to nations as
well. There are no alternatives to effective barriers to unrestrained movement of livestock across
the border. The only reasonable alternative to a Memorial would be actual funding of a project
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
As stated by NMLB, attention will not be given to the critical need for control of livestock
movement along the border. As a result, the likelihood of economic damage is high, and the
compromise of agricultural safety and security remains likely. Unfettered ingress and egress of
livestock increases the risk of disease as well as loss due to theft. These problems portend
economic impacts upon the entire state.
PME/mt