NMWF at work
Lyons’ response to sportsmen on Whites Peak land trades
[This is a copy of the letter Public Lands Commissioner Patrick Lyons sent to many of the sportsmen who had written him earlier regarding their opposition to the proposed Whites Peak land trades. To read a response from NMWF Executive Director Jeremy Vesbach, click here.]
November 30, 2009
Dear concerned citizen:
The complex land ownership, access, and management issues surrounding the White Peak area have generated several letters and concerns that have been received by the state land office. Over the years, the New Mexico Department of Game and Fish has documented numerous trespassing and poaching citations surrounding the acreage in question in the White Peak area. It has been a continuous problem as state trust land and private land intermingle without clear definition of boundaries. The complex boundary issues have proven frustrating not only for the land office but for the private landowners in the area and the public who hunt there. Also, in its current state it generates no significant revenue for the trust. At least three former Land Commissioners have tried unsuccessfully to resolve the land use conflict, and legislators including Senators McSorley and Campos along with Representative Vigil and former Representative Balderas have all introduced legislation attempting to address this issue to no avail. While White Peak is not an easy problem to solve, it is a problem that demands a solution.
The New Mexico Wildlife Federation’s website states that they have “uncovered plans” to trade thousands of acres of pristine hunting land for fewer, less attractive acres. Not only are these statements false, it should also be noted that their website only provided the option to comment negatively; there was no option to offer positive comment through their page making it further biased. The information offered by the Wildlife Federation is inflammatory and misleading in several ways.
Firstly, it refers to the land as pristine “hunting land.” We need to make it clear that state trust lands and state land are not one and the same. State trust lands are NOT open to the public. The portion of White Peak that is designated as trust land is under the exclusive control of the State Land Office. Anyone wanting to access trust lands must have a permit or they are trespassing. Trust lands were granted by the United States Congress to the Territory of New Mexico more than a century ago to serve as a source of revenue to support a public school system, which was essential for settling the West. Today, revenues earned from energy development, farming and ranching leases, and business and community development on trust lands support public schools, seven universities, the New Mexico Military Institute, the New Mexico School for the Blind and Visually Impaired, the New Mexico School for the Deaf, three hospitals, correctional facilities, public building repair and construction, and water projects, as designated in the Constitution. The sole reason it is accessible for hunting purposes is the existence of an agreement with the New Mexico Department of Game and Fish which allows hunters to access state trust land during their licensed season as long as it is accessible by public road.
Secondly, it implies that the process has occurred behind closed doors. On September 18, 2009 a legal ad was posted by the state land office in the Albuquerque Journal openly and publicly stating the intent to accept bids for exchange on the 7,205.25 acres. This ad ran for 10 weeks. In addition to publication in a paper of wide circulation, grazing lessees (all 24 in the White’s Peak area) have been notified, as well as Game and Fish, and the Attorney General. The process has occurred very openly, and by no means “behind closed doors.”
Thirdly, the private acreage involved in the exchange may be fewer in number, but they have a higher appraised value and a higher earning potential than the current trust land. In the interest of earning the highest possible revenue for the trust this exchange is highly advantageous. It will consolidate trust land holdings to one large parcel of land rather than a checkerboard of holdings dispersed with private land. This will be more manageable than dispersed land and more profitable as a larger piece has more applicable uses. This exchange will improve land management capabilities for a healthy and productive ecosystem that not only improves hunting opportunities, but the overall health and vigor of the forest.
The White Peak area has been, and will continue to be, a source of conflict between landowners and sportsmen until fundamental changes occur that address public and private interests in the area. The most fundamental public interest in the White Peak area is the privilege and opportunity to hunt big game. The fundamental private interest is the ability of property owners to exercise their constitutional private property rights.
There are those who continue to argue against any proposal that changes the status quo around White Peak, regardless of the merit. If nothing is done, sportsmen risk losing the privilege of using the area and as an avid sportsman this is an unacceptable result.
The plan that I adopt will ultimately give surrounding landowners, resource managers, and the public a solution that will for once and for all put the White Peak conflict to rest.
Sincerely,
Patrick H. Lyons
Commissioner of Public Lands