New Mexico § 67-3-71.1 - Right-of-way agreements; Navajo Nation; terms

§ 67-3-71.1. Right-of-way agreements; Navajo Nation; terms

A. When acquiring a right of way for a public highway from the Navajo Nation, the

secretary or his designee shall negotiate the terms and conditions of the grant with

a person designated by the Navajo Nation. New Mexico and the Navajo Nation, as sovereign governments, are primarily interested

in cooperating with one another and coordinating services and functions so that resources

of the state and the Navajo Nation are used efficiently and to the greatest benefit

of all persons traveling on the state and federal highways crossing the Navajo Nation. Right-of-way agreements shall be developed from negotiations between the Navajo

Nation and the state, and shall include the following: (1) the term of a right of way, which in no case shall be construed to be a perpetual

easement or a grant in fee simple but may be a term that does not extend beyond the

life of the state highway, as long as the right of way is used by the state highway

and transportation department for constructing, maintaining, rehabilitating, operating

or administering the public highway; (2) the terms and conditions for closing the public highway in the event of emergency,

for public safety purposes or for religious, ceremonial or cultural purposes; (3) the authority of the state highway and transportation department regarding the

assignment or grant of easements through the right of way; (4) the manner and timeliness required of notice from either the state highway and

transportation department or the Navajo Nation regarding the initiation of negotiations

to grant an easement to third parties or the initiation of construction, expansion

or removal of facilities by or belonging to third parties within the easement; (5) the terms and conditions regarding consideration for the right-of-way grant; (6) the method of dispute resolution that will be used to resolve disputes arising

between the state and the Navajo Nation regarding the agreement or issues arising

from the implementation of the agreement; (7) the areas of shared jurisdiction between the state highway and transportation

department and the Navajo Nation, and the areas of jurisdiction that will be the sole

responsibility of the state highway and transportation department or the Navajo Nation;

and (8) any other rights or responsibilities that the state or the Navajo Nation believe

should be appurtenant to a grant of right of way by the Navajo Nation to the state

highway and transportation department. B. The state highway and transportation department shall negotiate the terms of the

right-of-way agreement in good faith with the Navajo Nation and shall make all attempts

to conclude the negotiations in a timely manner. If the state highway and transportation department and the Navajo Nation are unable

to complete a right-of-way agreement within twelve months from the date of first contact

between the state highway and transportation department and the Navajo Nation requesting

negotiations regarding a right-of-way agreement as evidenced by the date of a letter

sent by either the Navajo Nation or the state highway and transportation department

requesting negotiation regarding a particular right of way, the parties, unless they

agree otherwise, shall engage mediators to help facilitate the process of reconciling

the issues in dispute, at the shared expense of both parties. C. Nothing in a grant of right of way shall operate to diminish or be construed to

operate to diminish the jurisdiction of the Navajo Nation over the right of way except

as expressly provided in the grant of right of way to the department. D. Nothing in a right-of-way agreement between the state highway and transportation

department and the Navajo Nation shall be construed to be a waiver of the sovereign

immunity of either the state or the Navajo Nation.