[Adopted 11-2-1993 by Ord. No. 92-02]
To provide for a general welfare, public peace, health and safety
of the citizens of Otero County, emergency passage of this article
is required to protect the economic base upon which this County and
its citizens depend.
The Public Rangelands Improvement Act, 43 U.S.C. § 1901
et seq., shall be adopted as a County ordinance by the County Commissioners
of Otero County, New Mexico.
A.
The Memorandum
of Understanding between the Governor of New Mexico and the New Mexico
State Director, Bureau of Land Management, United States Department
of the Interior, dated July 30, 1980, shall be incorporated by reference
into this chapter with the following provisions.
B.
The Memorandum
of Understanding between the Director of the New Mexico Department
of Agriculture (NMDA) and the Regional Forester, United States Department
of Agriculture, Forest Service (USFS) Southwestern Region, dated July
28, 1987, shall be incorporated by reference into this chapter with
the following provisions.
The procedures set forth in the Public Rangelands Improvement
Act and accompanying Memorandum of Understanding, as modified by this
article, shall govern all actions involving the federal agencies of
the Bureau of Land Management and the United States Forest Service
and either an individual or group of livestock grazing permittee(s)
or lessee(s), including, but not necessarily limited to, the issuance
of a grazing permit(s) or lease(s) from one party to another, the
creation or revision of an allotment management plan, and other like
actions or as requested by the permittee(s) or lessee(s).
A.
Upon the
initiation of the actions described above by the Bureau of Land Management
of the permittee(s) or lessee(s), the Bureau of Land Management shall
initiate the consultation procedures described in the Memorandum of
Understanding between the Governor of New Mexico and the New Mexico
State Director, Bureau of Land Management, United States Department
of the Interior, dated July 30, 1980, and adopted by this article.
The initiation of such action under the MOU shall occur within a two-week
period of time.
B.
Upon initiation
of the actions described above by the United States Forest Service
or the permittee(s) or lessee(s), the United States Forest Service
shall initiate the consultation procedures described in the Memorandum
of Understanding between the Director of the New Mexico Department
of Agriculture (NMDA) and the Regional Forester, United States Department
of Agriculture, Forest Service (USFS) Southwestern Region, dated July
28, 1987, and adopted by this article. The initiation of such action
under the MOU shall occur within a two-week period of time.
A.
Violations
of this article by the federal agencies shall be deemed to be a violation
of Otero County Ordinance Number 92-03.[1] Liability under this article shall be placed upon the
federal official or officials responsible for making and implementing
any decision which fails to comply with this article.
B.
No violation
of this article shall be assessed if all of the permittees or lessees
effected by the agency decision release, in writing, the federal agency
of all responsibility for the violation within two weeks of the date
of the agency decision.
