New Mexico § 16-3-5 - Secretary to supervise planning, construction, operation and maintenance of trails system; powers and duties

§ 16-3-5. Secretary to supervise planning, construction, operation and maintenance of trails system; powers and duties

A. The secretary shall: (1) adopt and regularly review and revise in accordance with the State Rules Act such

rules and regulations as may be necessary to carry into effect and enforce the provisions

of the State Trails System Act; (2) plan, establish, acquire, purchase, develop, construct, enlarge, improve, maintain,

equip, operate, protect and police the state trails system; (3) acquire by lease, deed or contract rights-of-way or easements for trails across

private, municipal, county, state or federal lands. In selecting the rights-of-way, every consideration shall be given to minimizing

the adverse effects upon the adjacent landowner or user. Acquisition shall be, wherever possible, in the form of an easement obtained by

gift, exchange or purchase with donated funds. When such devices fail, the secretary may authorize the expenditure of state appropriations

for acquisition in fee. Any agreement for acquisition of rights in land shall be for terms of not less than

twenty-five years whenever possible; and (4) coordinate trail development by assisting counties, municipalities and other political

subdivisions in the formation of their trail plans. In carrying out this responsibility, the secretary shall review records of easements

and other interests in lands which are available for use as trails, including public

lands, utility easements, flood plains, railroad rights-of-way, arroyos, other rights-of-way

and surplus public proprietary lands as may be adaptable for such use, and shall ensure

that uniform construction standards, compatible with allowed usage, are made available

to local governments. B. The secretary may abandon any portion or all of a trail or easement acquired for

trail purposes which is no longer needed for such purposes, or he may transfer any

trail or easement to a local government having jurisdiction over the area in which

the trail or easement is located for so long as the local government agrees to maintain

and operate the trail. C. The secretary shall notify the owner of the land through which any trail or easement

passes prior to entering into any agreement with a local government for the operation

of a trail and shall secure the consent of the landowner prior to the transfer of

any trail or easement to a local government. D. The secretary shall review all formal declarations of railroad right-of-way abandonments

by the interstate commerce commission for possible inclusion into the state trails

system. E. Within the boundaries of a right-of-way, the secretary may acquire on behalf of

the state lands in fee title, any interest in lands in the form of scenic or other

easements or any interest in lands under cooperative or other agreement. Acquisition of land or of any interest in land may be by gift, purchase, exchange

or by the assumption of obligations. Acquisition may be through the use of funds obtained by donation, federal grants,

proceeds of the sale of bonds, legislative appropriation or otherwise. In acquiring real property or any interest therein, the power of eminent domain

shall not be used. F. The secretary shall prepare and publish trail plans and standards and make them

available to participating local governments and interested members of the public

upon request. The secretary shall also prepare a state trails map and shall make copies available

to members of the public upon request. G. The secretary shall prepare and publish a comprehensive intermediate and long-range

state trails plan on a continuing basis in accordance with the state comprehensive

outdoor recreation plan. Included in these plans shall be an inventory of existing trails and potential trail

routes on all lands within the state. Such plans may include general routes or corridors within which specific trails

or segments of trails may be considered for inclusion in the state trails system. H. The secretary shall annually submit a written report on recreational, scenic, historical

and special use trails to the governor by December 31. Copies of the annual reports shall be furnished to participating local governments

and shall be made available to interested members of the public upon request.