HB 265 — NATURAL RESOURCES & LANDS PROTECTION

Ab =e =d 19s corporationº musto participatet inn acquiring= a.219970.2AIC minimumMarch of10, at2021 least(1:51pm) as lk im a e r- 204 ten- percente undivideda interestn ine thed landr ore thel stateu cannot[ aA td mHENRC/HB m265 21F. participate in the acquisition.

TitleSubject to lands[appropriation acquiredfor shallsuch dpurpose rby ethe 22legislature] bethe heldavailability asof cotenantsfunds havingin undividedthe interestsnatural inlands proportionand cheritage econservation sfund, kthe 23secretary toof theenergy, state'sminerals and thenatural corporation'sresources sharemay ofpay the[the acquisitionstate's eshare aof] nfor bacquisitions 24[No andland shall be heldacquired inunless thea namecorporation ofjointly theacquires state of New Mexico and u [ the corporation]land fromwith money in the naturalstate. lands and heritage .219970.2 - 4 - HENRC/HB 265 conservation fund.

A corporation must participate in acquiring a minimum of at least ten percent undivided interest in the land or the state cannot participate in the acquisition.

Title to lands acquired shall be held as cotenants having undivided interests in proportion to the state's and the corporation's share of the acquisition and shall be held in the name of the state of New Mexico and the corporation] from money in the natural lands and heritage conservation fund.

Priority among projects qualified under the h g Natural Lands Protection Act shall be determined in [descending o t hr order as follows] consideration of the following factors:

g e i k (1) the degree to which the lands in question h r i s are subject to the threat of immediate alteration or h , t, e u g destruction;

e b l e e h (2) the degree to which ecosystems in question n d d i = = o h are unduplicated elsewhere;

[and][and ] l ] b ,d i a º e r i = r (3) the usefulness of the lands in question t e w d m a n o for teaching and research;

(4)d them degree: to which the lands in question increase habitat connectivity, restore wildlife habitat and preserve migrating species;

(5)b e d s º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 5 - e a n e d r e l u [ A d HENRC/HB 265 (4) the degree to which anthe acquisitionlands ein tquestion 17increase improveshabitat riverconnectivity, corridors,restore wetlandswildlife habitat and riparianpreserve habitat;migrating species;

w(5) l n d 18 (6) the degree to which an acquisition = = 19 improves recreationalriver accesscorridors, forwetlands all New Mexicans and communityriparian ahabitat; l i a e r 20 health;

a(6) t m m 21 (7) the degree to which an acquisition dimproves rrecreational eaccess 22for protectsall landsNew ofMexicans culturaland significance;community health;

and(7) c e s k 23 (8) the degree to which thean landsacquisition inprotects questionlands e a n b 24 are able to sequester carbon and reduce impacts of climatecultural usignificance; [ change." .219970.2 - 5 - HENRC/HB 265 SECTION 5.

and (8) the degree to which the lands in question are able to sequester carbon and reduce impacts of climate change." SECTION 5.

MANAGEMENT.-- h g A.

The purposes of management shall be for o t hr education, research and preservation and, to the extent g e i k compatible with the protection of unique and ecologically h r i s significant lands in New Mexico, recreation;

provided that no h , t, e u g use of the lands acquired under the Natural Lands Protection e b l e e h Act shall compromise or endanger the natural attributes for n d d i = = o h which they were acquired.

l ] b ,d i a º e r i = r B.

The secretary of energy, minerals and natural resourcest may assign responsibility for management of lands acquired under the Natural Lands Protection Act to [the] a division of the energy, minerals and natural resources department or another state agency, including the forestry division of the energy, minerals and natural resources e t 17 department, the department of game and fish or the cultural w l n d 18m affairs department, or to a corporationn [which]o thatresources jointlymay =HSEICºassign =responsibility 19for ownsmanagement [the]d landm with: the state.

ab le id s º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 6 - e a n e d r 20e C.l u [ A d HENRC/HB 265 of»HSEIC HSEICºtransfer management responsibility for»HSEIC lands acquired under the Natural Lands Protection Act to [the] a division of the energy, minerals and natural resources department or another state agency, including the forestry division of the energy, minerals and natural resources department, the department of game and fish or the cultural affairs department, or to a corporation [which] that jointly owns [the] land with the state HSEICº;

[The]provided A corporation that owns land jointly with a t m m 21 the state shallagency beor requiredcorporation toconsents develop and submit to theassuming d r e 22 secretary of energy, minerals and natural resources for review c e s k 23 a plan for the management ofresponsibility»HSEIC lands. for which they are e a n b 24 responsible.

TheC. secretary of energy, minerals and natural u [ resources, in consultation with the committee, [will] shall .219970.2 - 6 - HENRC/HB 265 review these plans to [insure] ensure compliance with the purposes of the Natural Lands Protection Act.

[D.[The] A corporation that owns land jointly with the state shall be required to develop and submit to the secretary of energy, minerals and natural resources for review a plan for the management of lands for which they are responsible.

LandsThe adjacentsecretary toof theenergy, landminerals acquiredand undernatural theresources, Naturalin Landsconsultation Protectionwith Actthe committee, [will ] shall noth beg subjectedreview these plans to any[insure] regulationensure orcompliance restrictionwith asthe ao resultt hr purposes of suchthe acquisiton.Natural Lands Protection Act.

E.]g D.e i k [D.

AccessLands byadjacent the general public to [the]the land [byacquired under the generalh public]r ownedi jointlys byh theNatural stateLands andProtection aAct corporationshall maynot be restrictedsubjected to visitsany conducted, undert, thee directu supervisiong ofregulation anor employeerestriction oras designateda representativeresult of thesuch managingacquisiton. state agency or corporation.

e b l e e h E.] D.

Access by the general public to [the] land n d d i = = o h [by the general public ] owned jointly by the state and a l ] b ,d i a º e r i = r corporation may be restricted to visits conducted under the t e w d m a n o direct supervision of an employee or designated representative d m :

b e d s º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 7 - e a n e d r e l u [ A d HENRC/HB 265 of the managing state agency or corporation.

A new Section 75-5-7 NMSA 1978 is enacted to e t 17 read:

w l n d 18 "75-5-7.

[NEW MATERIAL] CORPORATION PARTICIPATION-- = = 19 REQUIREMENTS.-- a l i a e r 20 A.

A corporation may participate in the Natural a t m m 21 Lands Protection Act by jointly acquiring land with the state;

d r e 22 provided that a corporation shall acquire a minimum of at least c e s k 23 ten percent undivided interest in the land.

Title to lands e a n b 24 acquired with the participation of a corporation shall be held u [ as cotenants having undivided interests in proportion to the .219970.2h -g 7 - HENRC/HB 265 state's and the corporation's share of the acquisition and o t hr shall be held in the name of the state and the corporation.

g e i k B.

A corporation participating in the Natural Lands h r i s Protection Act shall annually pay to the state and its h , t, e u g political subdivisions a sum equal to an amount that would have e b l e e h been paid in taxes, levies and assessments.

This payment shall n d d i = = o h be in lieu of taxes, levies and assessments." l ] b ,d i a º e r i = r HSEICº SECTION 7.

A new section of the Natural Lands t e w d m a n o Protection Act is enacted to read:

d m :

b e d s º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 8 - e a n e d r e l u [ A d HENRC/HB 265 "[NEW MATERIAL] POLITICAL SUBDIVISION PARTICIPATION-- GRANTS.--The secretary of energy, minerals and natural resources may award grants to political subdivisions of the state from the natural lands and heritage conservation fund for a political subdivision to acquire and protect open spaces and natural areas that are unique and ecologically significant lands.

Grants shall be made on recommendation of the committee, in consideration of the factors enumerated in Subsection G of Section 75-5-4 NMSA 1978.

The secretary of energy, minerals and natural resources, in consultation with the committee, shall establish a competitive application process and may establish additional criteria and priorities for grants pursuant to this section."»HSEIC SECTION HSEICº 7.»HSEIC HSEICº8.»HSEIC Section 75-10-1 NMSA 1978 (being Laws 2010, Chapter 83, Section 1) is amended to read:

h g "75-10-1.

SHORT TITLE.--[This act ] Chapter 75, Article 10 o t hr NMSA 1978 may be cited as the "Natural Heritage Conservation g e i k h r Act"." i s h SECTION HSEICº 8.»HSEIC HSEICº9.»HSEIC Section 75-10-3 , t, e u g NMSA 1978 (being Laws 2010, Chapter 83, Section 3) is amended e b l e e h to read:

n d d i = = o h l ] b ,d "75-10-3.

DEFINITIONS.--As used in the Natural Heritage i a º e r i = r Conservation Act:

t e w d m a n o d m :

b e d s º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 9 - e a n e d r e l u [ A d HENRC/HB 265 A.

"committee" means the natural lands protection committee;

A"conservation entity" means a private nonprofit charitable corporation participatingor trust authorized to do business in theNew NaturalMexico Landsthat Protectionhas Acttax-exempt shallstatus annuallyas paya public charity pursuant to the statefederal andInternal itsRevenue politicalCode subdivisionsof a1986 sumand equalthat tohas anthe amountpower thatto wouldacquire, havehold beenor paidmaintain inland taxes,or leviesinterests andin assessments.land;

ThisC. payment shall be in lieu of taxes, levies and assessments." SECTION 7.

Section"conservation 75-10-1project" NMSAmeans 1978the (beingacquisition Lawsof 2010,conservation Chapteror 83,agricultural Sectioneasements 1)from isa amendedwilling toseller read:or a land restoration project;

"75-10-1.

SHORT TITLE.--[This act] Chapter 75, Article 10 NMSA 1978 may be cited as the "Natural Heritage Conservation Act"." SECTION 8.

Section 75-10-3 NMSA 1978 (being Laws 2010, Chapter 83, Section 3) is amended to read:

"75-10-3.

DEFINITIONS.--As used in the Natural Heritage Conservation Act:

e t 17 A.

"committee" means the natural lands protection w l n d 18 committee;

= = 19 a l B.

"conservation entity" means a private nonprofit i a e r 20 charitable corporation or trust authorized to do business in a t m m 21 New Mexico that has tax-exempt status as a public charity d r e 22 pursuant to the federal Internal Revenue Code of 1986 and that c e s k 23 has the power to acquire, hold or maintain land or interests in e a n b 24 land;

u [ C.

"conservation project" means the acquisition of .219970.2 - 8 - HENRC/HB 265 conservation or agricultural easements from a willing seller or a land restoration project;

"qualified entity" means a state agency, a state h g educational institution named in Article 12, Section 11 of the o t hr constitution of New Mexico, a political subdivision of the g e i k state or, for conservation projects wholly within New Mexico, h r i s an Indian nation,nation , tribe or pueblo." SECTIONh , t, e u g HSEICºSECTION 9.

Section 75-10-4 NMSA 1978 (being Laws e b l e e h 2010, Chapter 83, Section 4) is amended to read:

n d d i = = o h "75-10-4.

DEPARTMENT--COMMITTEE--POWERS AND DUTIES.-- l ] b ,d i a º e r i = r A.

In consultation with the committee, the t e w d m a n o department may:

e t 17 (1) after consultation with landowners, w l n d 18m conservationists: and other interested persons, adopt and = = 19 promulgate rules to carry out the provisions of the Natural a l i a e r 20 Heritage Conservation Act;

ab e d s º o t mn = .219970.2AIC March 10, 2021 (1:51pm) s k m 21e (2)- enter10 into- contracts;e a n e d r e l u [ A d HENRC/HB 265 (1) after consultation with landowners, conservationists and other interested persons, adopt and promulgate rules to carry out the provisions of the Natural Heritage Conservation Act;

d(2) r e 22 (3) enter into jointcontracts; powers agreements c e s k 23 pursuant to the Joint Powers Agreements Act to carry out the e a n b 24 provisions of the Natural Heritage Conservation Act;

u(3) [enter (4)into makejoint grantspowers agreements pursuant to qualifiedthe entitiesJoint forPowers .219970.2Agreements -Act 9to -carry HENRC/HBout 265the conservationprovisions projects;of the Natural Heritage Conservation Act;

(4) make grants to qualified entities for conservation projects;

(6) acquire conservation or agricultural easements by itself or with a conservation entity or qualified h g entity;

and o t hr (7) do all other things necessary or g e i k h r appropriate to carry out the provisions of the Natural Heritage i s h Conservation Act.

, t, e u g B.

e b l e e h n d d i (1) establish a competitive application = = o h l ] b ,d process for grants from the fund;

and i a º e r i = r (2) establish criteria and priorities for fundingt conservatione projects."w ed tm 17a SECTIONn 10.o d m :

Sectionb 75-10-5e NMSAd 1978s (beingº Lawso 2010,t wn l= .219970.2AIC March 10, 2021 (1:51pm) s k m e - 11 - e a n e d 18r Chaptere 83,l Sectionu 5)[ isA amendedd toHENRC/HB read:265 funding conservation projects."»HSEIC SECTION 10.

=Section =75-10-5 19NMSA "75-10-5.1978 (being Laws 2010, Chapter 83, Section 5) is amended to read:

FUND"75-10-5. CREATED--PURPOSE--EXPENDITURES.--The a l i a e r 20 "natural lands and heritage conservation fund" is created as a a t m m 21 nonreverting fund in the state treasury.

TheFUND fundCREATED--PURPOSE--EXPENDITURES.--The consists"natural oflands dand rheritage econservation 22fund" appropriations,is gifts,created grants,as donations,a bequests,nonreverting income from c e s k 23 investment of the fund andin any other money credited to the estate atreasury. n b 24 fund.

The fund shallconsists beof administeredappropriations, bygifts, thegrants, department,donations, andbequests, uincome [from moneyinvestment inof the fund is appropriated to the department to fund .219970.2 - 10 - HENRC/HB 265 conservation projects pursuant to the Natural Heritage Conservation Act and toany acquireother uniquemoney andcredited ecologically significant lands pursuant to the Naturalfund. Lands Protection Act.

ExpendituresThe from the fund shall be administered by warrants of the secretarydepartment, of finance and administrationmoney uponin vouchers signed by the secretaryfund ofis energy,appropriated mineralsto and natural resources or the secretary'sdepartment authorizedto representative."fund -conservation 11projects -pursuant 10to 12the 14Natural 16Heritage eConservation tAct 17and wto lHSEICºacquire»HSEIC nHSEICºfund dthe 18acquisition =of»HSEIC =unique 19and aecologically lsignificant ilands apursuant eto rthe 20Natural aLands tProtection mAct. m 21 d r e 22 c e s k 23 e a n b 24 u [ .219970.2

Expenditures from the fund shall be by warrants of the secretary of finance and administration upon vouchers signed by the secretary of h energy, minerals and natural resources or the secretary's u » r t h authorized representative." g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .219970.2AIC March 10, 2021 (1:51pm) s k m e - 12 - e a n e d r e l u [ A d