Bullet strikes NM land commissioner Aubrey Dunn's truck in Santa Fe

An unoccupied pickup truck used by New Mexico State Land Commissioner Aubrey Dunn has been hit by a bullet during a shooting incident on a road in Santa Fe lined with galleries and restaurants. Santa Fe Police on Wednesday were scouring Canyon Road and side streets for evidence on the morning after several shots were fired. No injuries or arrests were reported. Dunn found Wednesday morning that a bullet had punctured the windshield of his state-owned pickup truck on the driver’s side. He said the discovery was disorienting and troubling given news of a shooting in Washington of a Republican congressman...more

Heinrich backs VeneKlasen for State Land Office

By Bruce Krasnow

The Democratic primary election for state land commissioner is a year away, but political newcomer Garrett VeneKlasen bagged a coveted endorsement Tuesday from U.S. Sen. Martin Heinrich. VeneKlasen, executive director of the New Mexico Wildlife Federation and a Taos resident, is running for the Democratic nomination against Ray Powell, who was land commissioner for about 15 years during two tours in office. Powell in 2014 lost a bid for re-election to the post to Republican Aubrey Dunn. Heinrich, a Democrat who is running for re-election next year, took the unusual step of injecting himself into a competitive party primary. The first-term senator pointed to a long-running but so far failed initiative to use a portion of the state's $16 billion land grant endowment to expand funding for early childhood education. "At this critical time for our state, Garrett knows that investing in early childhood education is not a luxury, but rather a necessity," Heinrich said in a statement. "This is why I am endorsing Garrett VeneKlasen for commissioner of public lands. I trust Garrett to do the right thing for our land, our kids and our future." VeneKlasen said he supports increasing distributions from the Land Grant Permanent Fund and plans to meet with supporters this week to learn more about the various proposals. They range from taking an additional 1 percent to 3 percent a year from the fund. "I would like to see it responsibly increase, and that money go to early childhood education," VeneKlasen said...more

Lincoln County urged to dig for answers about targeted land

New Mexico’s land commissioner is proposing an exchange of tracts along the state’s border with Mexico for federal holdings in the counties of Lincoln, Otero and Chaves. A communications spokesman for the office of Land Commissioner Aubrey Dunn said Friday that the exact federal tracts proposed for a swap have not been identified. “This is all very preliminary and the commissioner hasn’t identified any specific areas of interest,” she said. A local resident told Lincoln County commissioners at their meeting last month that they should not accept the official “obviously false” response from Dunn’s office...more

Sometimes you just have to wonder about folks. I understand their opposition to the disposal of federal lands, but I do question their understanding of federal land law and policy, with which they ought to acquaint themselves before calling out public officials.

The article continues:

During the public forum portion of the Lincoln County Commission meeting last month, Tony Davis and his wife, Joyce Westerbur, asked if commissioners might be interested in finding out what and where the “more desirable land assets” for which Dunn proposes a trade are located. They wondered if the tracts were the same assets proposed for sale by the federal government by U.S. Rep. Jason Chaffetz, a Republican from Utah, in a bill he quickly withdrew when it hit a wall of opposition. In that bill, 813,531 acres for potential sale were listed in New Mexico, she pointed out, including 47,482 acres in Lincoln County in 500 parcels, estimated in 1997 at a value of $2.275 million. The sale would be part of a total 3.3 million acres of public land put on the block in the states of Arizona, Colorado, Idaho, Montana, Nebraska, Nevada. New Mexico, Oregon, Utah and Wyoming.

Let's get some facts out there before responding to these folks.

A section in the 1966 Agriculture Reform Act required the Secretary of Interior to file a report to Congress on lands "which may be suitable for sale or exchange..." The report was sent to Congress in May of 1997 and contained a list of lands already identified by BLM for sale or exchange in their existing land use plans. Section 202 of FLPMA directs the BLM to prepare land use plans, wherein they identify lands suitable for disposal by sale or exchange. Section 203 of FLPMA grants authority to sell lands so identified and Section 206 of FLPMA grants authority to dispose by exchange those lands. This is a process that goes on across the West and is independent of anything proposed by Congressman Chaffetz or Commissioner Dunn.

So was Dunn's spokesperson saying something "obviously false" in responding to the press? Of course not. Dunn's letter describes in general those lands he would offer up for exchange and identifies those lands in general which he would like to acquire in the exchange. He doesn't identify by legal description "specific" parcels or tracts of lands for either acquisition or disposal by exchange. And he is wise not to do so. To spend the time and effort to identify specific parcels when he doesn't even know if the feds will entertain such a proposal would be a huge waste of taxpayer funds.

Are these the same lands listed by Congressman Chaffetz in his legislation to dispose of certain lands? I certainly hope so. As previously stated, these lands have already been through the land use planning process, allowing for public input, and are available now for disposal by sale or exchange. If Dunn were to identify other lands, it would require an amendment to the existing plan, creating lengthy delays and more expense to any exchange.

One of the commentors, "asked commissioners to use their power to get answers from Dunn and possibly from U.S. Rep Steve Pearce, a Republican representing the 2nd Congressional District of New Mexico about the tracts location." That is totally unnecessary. They need to contact their local BLM office and request a copy of the land use plan, which will identify those lands suitable for disposal. Its all public information. 

Finally, they state, “Lincoln county residents deserve transparency on this..."

Dunn posted a press release and a copy of his letter on the SLO website. I don't know how he could be more transparent than that. The press release and letter are embedded below.

Election revives Commisioner Dunn's aspirations for oil-rights transfer

New Mexico State Land Commissioner Aubrey Dunn said Wednesday that his proposal to boost early childhood education funding has a better chance of approval with the election of Donald Trump as president. Dunn is seeking support from state and federal lawmakers to transfer federal mineral rights underneath private lands to the state of New Mexico. The State Land Office would lease the subsurface holdings to oil and natural gas developers, and other potential mining interests, and deposit revenues in a trust fund for early childhood education. “I just think the transfer of federal mineral rights to the state under private land might be more favorable under a Trump administration, because the (leadership of the) Interior and the BLM will change,” Dunn said. However, Dunn’s initiative faces resistance in New Mexico from owners of private ranches with federal mineral rights underfoot and from environmentalists. The proposal so far has no sponsor in the state Legislature, where Democrats reclaimed an overall majority in November elections, and it would require U.S. congressional approval. Dunn said he has the support of U.S. Rep. Rob Bishop of Utah, chairman of the House committee on natural resources, as well as Rep. Steve Pearce, the sole Republican among New Mexico’s delegation to Washington. Trump has yet to name an Interior Department secretary to replace Sally Jewell...more

Editorial: NM Land Office’s defense of conflict claims offensive

It’s been said that the best defense is a good offense. But the State Land Office response to conflict-of-interest questions directed at its deputy commissioner – that they are political, even sexist – are, quite frankly, offensive.

But when you can’t argue facts, maybe name calling is your best bet.

Journal investigative reporter Thomas J. Cole found that while the State Land Office’s code of conduct explicitly prohibits employees from acting as an agent for the lease of state trust lands, Deputy State Land Commissioner Laura Riley:

1. Wrote a check from her firm, Riley & Knight Appraisal and Consulting Services, to cover the administrative fees for two entities that applied to the State Land Office to have their nearly 9,000 acres in grazing leases transferred to a billionaire’s ranch in western New Mexico, and
2. Signed and approved the lease transfers on behalf of State Land Commissioner Aubrey Dunn.

So how is it “politically motivated … and possibly even sexist” to raise questions about Riley not only paying the fee for the lease transfers but approving them? Especially considering the code of conduct also says “under no circumstances shall employees give rise to a conflict of interest or the appearance of a conflict of interest with the SLO”?

READ ENTIRE EDITORIAL

NM Land Commissioner's proposal could end hunting dispute

New Mexico's land commissioner is proposing a resolution to the long-running battle between sportsmen and ranchers over access to a popular hunting ground called White Peak. Commissioner Aubrey Dunn sent a letter last week to the state Department of Game and Fish, asking them to consider purchasing 10,000 acres around the Las Vegas, New Mexico, hunting ground owned by rancher David Stanley, reported The Santa Fe New Mexican. In exchange for deeding the property to the State Land Office, hunters and anglers would have unrestricted access to all state trust lands for 20 years. "If it could happen, it would be a good thing for sportsmen," said Max Trujillo, a longtime hunter from the White Peak area. But he has a lot of doubts that Game and Fish will approve the plan. The White Peak area has been surrounded by debate for decades. Ranchers say hunters have trespassed on private property to reach state trust lands, while some sportsmen say the ranchers' claims are exaggerated. The property that would be traded under the agreement costs $27 million, according to a copy of the letter from Game and Fish...more

Assistant land commissioner Lane asked to resign

State Land Commissioner Aubrey Dunn on Monday asked Jim Lane to step down as an assistant commissioner after revelations that Lane’s resignation two years ago as director of the state Department of Game and Fish came after a subordinate accused him of sexual harassment. In a statement to The New Mexican late Monday, Dunn blamed “dirty politics” for what he said was the disclosure of contents of Lane’s personnel files. A spokeswoman for Dunn said that when the State Land Office conducted a background check before hiring Lane for his $92,000-a-year job in March, Game and Fish did not turn over any records related to the sexual harassment allegations. The spokeswoman, Laura Riley, said Dunn’s office learned about the allegations “significantly later.” Dunn, whose State Land Office is independent of the Martinez administration, avoided any mention of the sexual harassment accusations in his statement Monday that he had accepted Lane’s resignation “due to the recent disclosure of private personnel file contents.” Dunn noted that the personnel information about Lane became public at a time when Dunn’s office is negotiating with the Department of Game and Fish over the fees charged for hunter access to state trust land...more

Governor designates first 23 miles of Rio Grande Trail

Gov. Susana Martinez directed state workers on Tuesday to designate 23 miles of trail the first pieces of a network that might someday span the length of New Mexico along the Rio Grande. Supporters envision it as a destination for hikers and tourists who want to follow the river from Colorado to Texas – something akin to the Appalachian Trail. Martinez announced designation of the first 23 miles during a news conference at the Rio Grande Nature Center in Albuquerque. “There is no doubt the Rio Grande Trail will enchant New Mexicans and visitors from around the world,” Martinez said. But there is much work to be done, she said. Martinez called on government agencies and property owners along the 500-mile alignment to cooperate to make the trail a reality. The proposed alignment would pass through tribal lands, national wildlife refuges, national monuments and state parks, including the bosque in Albuquerque. Some of the land is privately owned. A new commission that will work on the effort has scheduled its first meeting this morning. The group was created under state legislation that had bipartisan backing earlier this year, including sponsorship by Rep. Jeff Steinborn, D-Las Cruces. The 23 miles designated Tuesday lie in six state parks: Elephant Butte Lake, Caballo Lake, Leasburg Dam, Mesilla Valley Bosque, Percha Dam and the Rio Grande Nature Center...more

State Land Office imposes right-of-entry fee on SunZia project

The New Mexico State Land Office plans to tack on $125,000 right-of-entry fees for the SunZia transmission-line project when it enters state trust lands, Commissioner of Public Lands Aubrey Dunn announced Friday. The move by the New Mexico State Land Office is the latest twist in the SunZia saga. The 515-mile transmission-line project has been in the planning stages since 2009. It would carry electricity from New Mexico to Arizona and, eventually, California. On Jan. 2, Secretary of the Interior Sally Jewell, working with Sen. Martin Heinrich (D-NM), visited New Mexico and announced with fanfare that the project would go forward. "Not so fast" was the message that appeared to come from the office of Dunn, who promptly suspended the project's right-of-entry pending a 60-day review. The project's status has been somewhat in limbo since. In addition to the fees, which are only for entry to state lands, the State Land Office said its initial internal assessment of the value of the right-of-way over state trust lands is between $750,000 to $1 million per mile. The project would cross 89 miles of state trust lands. In a news release announcing the right-of-entry fees, Dunn said he was working in the interest of the state...more

Dunn: Land closure swaps with private ranches offers access to key acreage for sportsmen

Five southeastern New Mexico landowners have signed agreements with the State Land Office and the Department of Game and Fish to open 11,030 acres of private property to sportsmen in exchange for the closure of 12,904 acres of state trust lands to hunters and anglers. The agreements increase access for sportsmen to public lands normally blocked by private land and help reduce the potential for trespass by sportsmen, State Land Commissioner Aubrey Dunn said. The closing of trust lands as part of the deal will help the private property owners better manage habitat and game, according to Dunn. The agreements, called unitizations, are good until March 31, 2016. The G.G. Armstrong and Son ranch near Roswell will open 1,880 acres, giving sportsmen access along N.M. 246 to the Capitan Mountains. In exchange, 1,880 acres of trust lands north of the Capitan Mountains will be closed to hunting and fishing. The Stephenson Ranch will open 4,000 acres of the I Bar X ranch during deer season in exchange for the closure of 3,240 acres of state trust land near Carrizozo. The agreement will not be in effect during the regularly scheduled elk season. The ranch will provide access to the Water Canyon Campground during the deer hunts. The L-Bar and Pintosa ranch will open 3,620 acres of private land off U.S. 54 near Corona in exchange for the closure of 3,200 acres of state trust lands. Brent Ward will open 960 acres of the Bettis Stoval ranch in exchange for the closure of 2,200 acres of state trust land off N.M. 219 near Santa Rosa. The Pajarito Ranch will open 570 acres in exchange for the State Land Office closing 304 acres off U.S. 70 near Ruidoso...more

Land commissioner hears concerns about SunZia

Joe Bill Nunn

Hoping to gain a better understanding of the proposed SunZia Southwest Transmission Line, New Mexico State Land Commissioner Aubrey Dunn met with Luna County residents Tuesday evening to get public input. "A lot of people have been dealing with this since '06, we have been in office since January first," Dunn said. "We have only been able to asses the project for about 70 days. When we put a stop to it, we were only in office 24 days." Dunn delayed the project moving forward by issuing a 60-day right-of-entry suspension to SunZia shortly after the transmission line project gained approval from the Secretary of the Interior, Sally Jewell, and the Bureau of Land Management. Dunn said he wanted to have the meetings in Deming on Tuesday and in Socorro tonight to get public opinions and comments on the proposed transmission line.  Residents from Luna, Grant and Hidalgo counties, and from as far as Arizona, attended the standing-room-only meeting Tuesday at the Luna County Courthouse Third Floor Commissioners Chambers.  Residents were given the opportunity to voice their opinions in a question-and-answer forum. Luna County resident Joe Bill Nunn addressed Dunn directly, saying the transmission line was nothing but an investment scheme using Luna County and southwestern New Mexico. Nunn urged the land commissioner to use his "conscious and head" to make the right decision for residents. Residents like Mike Wear, a transplant from Arizona, who said he lives adjacent to the Nutt Grasslands, voiced his concerns on the affect about the impact on the environment but also applauded Dunn for "showing up" and attempting to show a "transparent government"...more

State eyes BLM land set for sale

State Land Commissioner Ray Powell thinks some federal land identified for sale could be a valuable addition to New Mexico’s trust lands, which help generate revenue for public schools and other institutions. The Bureau of Land Management is looking to sell thousands of acres that no longer meet the agency’s mission or are landlocked. Powell hopes to acquire some of the land, especially parcels along the interstates around Las Cruces and in the oil- and gas-rich Permian Basin of southeastern New Mexico. “We’re interested in high-value property that could be used for commercial purposes and would earn money for our beneficiaries,” Powell said. Sen. Michael S. Sanchez, D-Belen, is sponsoring legislation, Senate Bill 1, to give the State Land Office $250,000 over the next two years to study the feasibility of BLM land acquisitions. The bill will be considered in the Legislature’s 30-day session, which focuses on budgetary matters and begins Jan. 21. Donna Hummel, public information officer with the BLM-New Mexico office, said federal laws may limit which parcels the State Land Office can acquire. “We’re a little unsure whether we can do what Ray is proposing,” Hummel said. “That doesn’t mean it isn’t worth exploring.” Powell said State Land Office staff have spent the last two years gathering information from the five BLM districts in the state and putting together a map of the land parcels the federal agency is planning to sell...more