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New Mexico Legislature


Office of Military Base Planning and Support
New Mexico Statutes Annotated §9-15-48 and §9-15-51(S.B. 333 of 2004; S.B. 287 and H.B. 323 of 2003) provides for the Office of Military Base Planning and Support.  The director of the Office is appointed by the Governor's Homeland Security Adviser and has the following duties: 

•  Support the Military Base Planning Commission, including identifying issues, preparation of information and providing for presentations;
•  Inform the Governor and the Governor's Homeland Security Advisor about issues impacting the military bases in the state, including infrastructure requirements, environmental needs, military force structure possibilities, tax implications, property considerations and issues requiring coordination and support from other state agencies; 
•  Liaison with community organizations; and
•  Communicate with New Mexico's congressional staff.

The Office was set to terminate July 1, 2009; however, it will continue to operate until July 1, 2016. (extended by legislation) 

NMSA §9-15-48
NMSA §9-15-51

Military Base Planning Commission
New Mexico Statutes Annotated §9-15-49 through §9-15-51 provides for the 17-member Military Base Planning Commission.  The duties of the Commission include:

•  Evaluating information relating to base realignment and closure and the impacts on the state and local economy;
•  Collaborating with community organizations and New Mexico's congressional delegation and efforts to support New Mexico's military bases; and
•  Advising the Governor on best methods to ensure the longevity of New Mexico's military bases.

The Commission was set to terminate July 1, 2009; however, it will continue to operate until July 1, 2016. 

NMSA §9-15-49
NMSA §9-15-50
NMSA §9-15-51

Land Conservation Incentives Act 
New Mexico Statutes Annotated §75-9-1 through §75-9-6, §7-2-18.10, and §7-2A-8.9 (S.B. 581 of 2003) provide for a tax credit up to $100,000 against income tax liability for donating conservation easements:

•  If the credit exceeds the tax liability amount in a year then the unused credit may be "carried over for a maximum of twenty consecutive taxable years." 
•  One tax credit claim per taxpayer per year is permitted. The amount is "equal to 50% of the fair market value of land or interest in land that is conveyed." 
•  Qualified donations include: 
o Land conveyed as an unconditional donation in perpetuity to a "public or private conservation agency eligible to hold the land and interests therein for conservation or preservation purposes" for the purpose of: 
-  open space, 
-  natural resource or biodiversity conservation, 
-  agricultural, watershed or historic preservation 
o "Conveyance in perpetuity of a fee interest in real property or less-than-fee interest in real property" such as: 
-  A conservation, preservation, agricultural preservation or watershed preservation restriction.

S.B. 581 of 2003

Eminent Domain Restrictions Resulting from the Kelo Decision
Legislation enacted in 2007 (H.B. 393/S.B. 401) removed the authority of local public bodies and other governmental entities to use eminent domain for “economic development” purposes.

H.B. 393 of 2007
S.B. 401 of 2007

Open Space/Conservation

Natural Heritage Conservation Act
The Natural Heritage Conservation Act (S.B. 186 of 2010) protects the state's natural heritage, customs and culture by funding conservation and agricultural easements and by funding land restoration to protect the land and water available for forests and watersheds, natural areas, wildlife and wildlife habitat, agricultural production on working farms and ranches, outdoor recreation and trails and land and habitat restoration and management.

A natural lands protection committee advises the Department of Energy, Minerals and Natural Resources on priorities and criteria of an annual competitive grant program under the Natural Heritage Conservation Fund.  

Resource Link
Resource Link

Land Conservation Incentive Act
Chapter 331 of 2003 established the Land Conservation Incentives Act, which provides for a tax credit worth up to $100,000 per year to anyone donating a qualified fee interest or conservation easement to a government entity or public or private conservation organization. Qualifying land or easements must be donated for natural resource, open-space or biodiversity conservation, or agricultural, watershed or historic preservation.

Resource PDF
Resource Link

Land Use Easement Act
New Mexico Statutes Annotated §47-12-1 et seq. provides for the state’s Land Use Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.

Resource Link

Forest Legacy Program
The State Forestry Division is the lead agency for the state’s Forest Legacy program.  The purpose of the program is to assist landowners, state and local governments, and land trusts identify and protect environmentally important forest lands that are threatened by present or future conversion to non-forest uses through the acquisition of conservation easements.

Ronda Fitzgerald 
NM State Forestry Division 
1220 South St. Francis Drive 
Santa Fe, New Mexico 87505

Resource Link
Resource PDF

Light Pollution/Dark Night Skies

The Night Sky Protection Act (§74-12-1 et seq) regulates outdoor night lighting fixtures to preserve and enhance the state's dark sky while promoting safety, conserving energy and preserving the environment for astronomy. It requires all outdoor lighting fixtures installed after January 1, 2000 to be shielded, except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less.  The Night Sky Protection Act exempts: (1) outdoor lighting fixtures on advertisement signs on interstates and federal primary highways;  (2) outdoor lighting fixtures existing and legally installed prior to the effective date of the Night Sky Protection Act; however, when existing lighting fixtures become unrepairable, their replacements are subject to all the provisions of the Night Sky Protection Act; (3) navigational lighting systems at airports and other lighting necessary for aircraft safety; and (4) outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, feedlots or industrial, mining or oil and gas facilities.      

NMSA §74-12-1 et seq


New Mexico Training Range Initiative 
A subcommittee of the Military Base Planning Commission (see above for statutory requirements of the Commission) is reviewing the "New Mexico Training Range Initiative" which would involve "expanding the boundaries of several Military Operating Areas in southeastern New Mexico, to allow more supersonic flights at medium altitudes." The initiative is a collaboration of the Office for Military Base Planning, the Federal Aviation Administration, Holloman AFB, Kirtland AFB, the New Mexico National Guard 150th Fighter Wing and White Sands Missile Range.

New Mexico Training Range Initiative Environmental Impact Statement (EIS)

Executive Order on Land Use Planning and Military Installation Compatibility
Governor Bill Richardson issued Executive Order 2004-046, titled, “Land Use Planning and Military Installation Compatibility,” on August 26, 2004.  The Executive Order:

•  Directs all state agencies “involved with land use planning to ensure compatible development with New Mexico’s military installations;” and 
•  Recommends that all counties and municipalities that adopt land use plans ensure that development is compatible with military installations, and that they consider the impact of new growth on “military value” when addressing land use issues around military installations.

Executive Order 2004-046

State Contact Information

Military Liaison POC
Brigadier General (Retired) Hanson Scott, Director
Office of Military Base Planning, Department of Economic Development
1100 St. Francis Drive 
Suite 1060 
Santa Fe, New Mexico  87505
(505) 827-0226

New Mexico Military Base Planning Commission
Tony Strati, Chair 
State Capitol, Suite 417
Santa Fe, New Mexico 87501
(800) 432-4406

Lieutenant Governor’s Office
Chief of Staff 
Mark Van Dyke
(800) 432-4406 

Mr. Greg Myers, Cabinet Secretary (Governor’s authorized representative) 
New Mexico Department of Homeland Security and Emergency Management 
PO Box 27111
Santa Fe, New Mexico 87502
(505) 476-9600 office
(505) 476-1057 fax 

Ms. Daniele Gonzalez 
Executive Assistant 

Adjutant General
Brig. General Andrew Salas, Adjutant General
Department of Military Affairs
47 Bataan Blvd.
Santa Fe, New Mexico 87508-4695
(505) 474-1210
(505) 474-1355 fax

Bg. General Juan Griego, Deputy 
47 Bataan Blvd.
Santa Fe, New Mexico 87508-4695 

Ms. Pamela Gonzales, Executive Assistant 
Department of Military Affairs
47 Bataan Blvd.
Santa Fe, New Mexico 87508-4695
(505) 474-1210

Legislative Process Regarding Military POCs
The Joint Interim Committee on Economic and Rural Development holds primary jurisdiction over military affairs issues.  Mr. Sean Marcus in the New Mexico State Office of Homeland Security acts as the primary point of contact to the State Legislature on issues pertaining to domestic defense.  The Adjutant General serves as the primary liaison to the State Legislature on National Guard issues.  

Committees of Primary Jurisdiction/Legislative Contact
Joint Interim Committee on Military and Veterans’ Affairs 
Representative Rodolpho “Rudy” S. Martinez, Co-Chair
PO Box 164
Bayard, NM 88023 
(575) 537-8609 Capitol

Senator Richard C. Martinez, Co-Chair
Box 762
Espanola, NM 87532 
(505) 986-4487 Capitol