0001|                       HOUSE JOINT MEMORIAL 23
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              RON GENTRY
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0005|     
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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|                           A JOINT MEMORIAL
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0011|     REQUESTING THE UNITED STATES FOREST SERVICE TO PURSUE AN
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0012|     EXCHANGE OF CHECKERBOARD LAND IN THE CIBOLA NATIONAL FOREST
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0013|     FOR RESOURCE PROTECTION AND MANAGEMENT PURPOSES.
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0014|     
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0015|          WHEREAS, the United States forest service has as a
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0016|     management objective the consolidation of so-called
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0017|     checkerboard lands within the boundaries of the national
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0018|     forests; and
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0019|          WHEREAS, the United States forest service owns
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0020|     approximately twenty-six thousand acres of land in a
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0021|     checkerboard area in the Mount Taylor ranger district of the
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0022|     Cibola national forest in McKinley and Sandoval counties; and
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0023|          WHEREAS, the public has no right-of-way access to
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0024|     approximately five thousand to six thousand acres of the
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0025|     forest service checkerboard area and the right of way to the
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0001|     remainder of the public checkerboard and over twenty-five
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0002|     thousand acres of private property is clouded in the Mount
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0003|     Taylor ranger district; and
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0004|          WHEREAS, the checkerboard area and the contiguous Mount
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0005|     Taylor ranger district land are the yearlong and summer
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0006|     grazing ranges for approximately four hundred fifty-five
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0007|     cattle owned by S. Sandoval, Jr., George Lucero, the Lucero
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0008|     Brothers partnership and the Marquez family, all of whom are
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0009|     long-time, well-known ranching families in the area; and
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0010|          WHEREAS, without the consolidation of the checkerboard,
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0011|     livestock grazing on private lands may be discontinued, thus
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0012|     resulting in a severe adverse impact to the historic grazing
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0013|     allotment; and
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0014|          WHEREAS, the consolidation of the checkerboard land by
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0015|     exchange with the landowner of the private land within the
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0016|     checkerboard will promote resource protection, including
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0017|     increase in the quality of elk habitat, reduction in road
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0018|     expansion, protection of spotted owl habitat and preservation
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0019|     of the pristine riparian habitat and perennial stream at the
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0020|     bottom of Tapia canyon; and
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0021|          WHEREAS, no negative effects on timber management or
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0022|     harvest have been identified; and
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0023|          WHEREAS, from a fire management standpoint,
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0024|     implementation of an exchange would be beneficial in improving
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0025|     fire suppression efficiency, improving public safety and
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0001|     enhancing opportunities to reduce fuel accumulations and the
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0002|     risks and consequences of wildfires; and
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0003|          WHEREAS, no significant traditional Native American
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0004|     cultural properties have been identified that would be
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0005|     affected by an exchange and no treaty rights have been
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0006|     identified that would be violated by an exchange; and
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0007|          WHEREAS, the owner of the private land within the
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0008|     checkerboard is willing to exchange private land for federal
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0009|     land on a value-for-value basis if the exchange can be
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0010|     completed within one year of entering into an exchange
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0011|     agreement with the forest service; and
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0012|          WHEREAS, without the consolidation, it is anticipated
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0013|     that the private property within the checkerboard will be
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0014|     subdivided into lots and sold to private parties to be
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0015|     developed for summer residences and other uses that will
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0016|     forever foreclose the opportunity to consolidate the public
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0017|     lands for the general enjoyment of the American public; and
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0018|          WHEREAS, because of resource damage to private lands, if
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0019|     the land consolidation does not occur, the forest service can
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0020|     fully expect to be challenged on right of access to public
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0021|     lands, grazing rights and environmental resource damage; and 
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0022|          WHEREAS, land consolidation will reduce federal and
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0023|     private property boundaries and will significantly reduce the
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0024|     cost to the forest service for boundary surveys, posting,
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0025|     corner establishment, boundary maintenance and encroachments;
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0001|     and
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0002|          WHEREAS, a consolidation of public lands will provide for
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0003|     a contiguous blocked-up pattern of federal ownership with an
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0004|     additional forty-three thousand acres of wilderness study area
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0005|     lands and fourteen thousand acres of road closure forest
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0006|     service lands; and
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0007|          WHEREAS, an exchange would eliminate immediate, costly
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0008|     road construction and maintenance obligations for the forest
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0009|     service; and
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0010|          WHEREAS, the land within the checkerboard is essentially
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0011|     the same, thus establishing value-for-value as the basis for
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0012|     exchange of the private and public land, and there will be no
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0013|     adverse consequences to the tax bases of McKinley and Sandoval
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0014|     counties;
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0015|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0016|     STATE OF NEW MEXICO that the United States forest service be
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0017|     asked to pursue an exchange of the private land for public
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0018|     land in order to consolidate the public lands within the
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0019|     checkerboard area of the Mount Taylor ranger district of the
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0020|     Cibola national forest as soon as possible; and
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0021|          BE IT FURTHER RESOLVED, that the United States forest
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0022|     service be encouraged to join with the owner of the private
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0023|     land within the checkerboard area to seek special legislation
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0024|     by congress in order to expedite a consolidation of the public
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0025|     property; and
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0001|          BE IT FURTHER RESOLVED that the New Mexico congressional
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0002|     delegation be encouraged to introduce special legislation to
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0003|     accomplish the exchange on behalf of all New Mexicans and the
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0004|     general public; and
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0005|          BE IT FURTHER RESOLVED that copies of this memorial be
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0006|     transmitted to officials of the United States forest service
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0007|     and the Cibola national forest and to the members of the New
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0008|     Mexico congressional delegation.
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0009|                               
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