0001|                   SENATE JOINT MEMORIAL 102
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        MANNY M. ARAGON
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                        A JOINT MEMORIAL
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0012|     REQUESTING THE UNITED STATES CONGRESSIONAL DELEGATION TO WORK TO
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0013|     AMEND THE ENDANGERED SPECIES ACT OF 1973 TO CREATE HOLISTIC
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0014|     MANAGEMENT TO PROTECT ENDANGERED CULTURES AS WELL AS ENDANGERED
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0015|     SPECIES.
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0016|     
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0017|       WHEREAS, the public lands of New Mexico have been primarily
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0018|     taken from the hunting, gathering and common grazing lands of
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0019|     Native Americans and Mexican citizens and their heirs protected
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0020|     by the Treaty of Guadalupe Hidalgo; and
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0021|       WHEREAS, that and other treaties protect customary uses of
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0022|     land and water and free exercise of religion without
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0023|     restriction; and
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0024|       WHEREAS, the Endangered Species Act of 1973 and the
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0025|     amendments currently being considered by the United States
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0001|     congress need to recognize the unique historical, cultural and
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0002|     spiritual relationship New Mexicans have with these lands;
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0003|       NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0004|     STATE OF NEW MEXICO that the United States congressional
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0005|     delegation be requested to work to amend the Endangered Species
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0006|     Act of 1973 to create holistic management that protects
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0007|     endangered cultures as well as endangered species and balances
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0008|     the needs of all species with public land-dependent communities;
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0009|     and
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0010|       BE IT FURTHER RESOLVED that the Endangered Species Act of
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0011|     1973 be amended to require that critical habitat be declared
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0012|     only after site-specific studies that indicate that a species
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0013|     occupies or has occupied the area within the last fifteen years;
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0014|     and
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0015|       BE IT FURTHER RESOLVED that the Endangered Species Act of
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0016|     1973 be amended to require that, before declaring critical
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0017|     habitat or listing endangered species, impact studies on its
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0018|     inhabitants' cultural practices, customs and sacred places and
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0019|     sites be mandated; and
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0020|       BE IT FURTHER RESOLVED that where treaties protect custom,
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0021|     culture and land and water rights, the Endangered Species Act of
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0022|     1973 be amended to require that the United States fish and
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0023|     wildlife service and federal land management agencies develop
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0024|     holistic species management goals and plans in consultation,
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0025|     coordination and cooperation with tribal and local governments,
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0001|     acequia associations and land grant councils; and
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0002|       BE IT FURTHER RESOLVED that the Endangered Species Act of
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0003|     1973 be amended to require that the secretary of the interior
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0004|     and the secretary of agriculture sign memoranda of agreements
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0005|     with the respective tribal and local governments, acequia
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0006|     associations and land grant councils protected by treaties
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0007|     before implementing recovery plans or declarations of critical
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0008|     habitat; and
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0009|       BE IT FURTHER RESOLVED that the Endangered Species Act of
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0010|     1973 be amended to require direct notice to all permittees of
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0011|     record in their native languages when conservation actions will
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0012|     affect the uses of land or water; and
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0013|       BE IT FURTHER RESOLVED that the Endangered Species Act of
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0014|     1973 be amended to require that hearings regarding critical
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0015|     habitat designation or listing of species be held not more than
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0016|     fifty miles from communities affected by the declarations; and
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0017|       BE IT FURTHER RESOLVED that copies of this memorial be
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0018|     transmitted to the members of the United States congressional
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0019|     delegation.
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0020|                              
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0021|       
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