Otero's Resolution Opposing U.N. World Heritage Sites

On August 23, 2007, Otero County Commissioners passed, approved and adopted RESOLUTION NO. 08-23-07/96-10. The complete text can be found at: http://co.otero.nm.us/commission/07sched.htm under commission meeting minutes, August 16, 2007.

"WHEREAS, The Board of County Commissioners has adopted its ordinances number 92-03 and 93-04, to call for full cooperation and coordination from and to address land use decisions by public land holders including the National Park Service, the Lincoln National Forest, BLM, New Mexico State Land Office, and the Department of Defense;"

Ordinance 92-03 was passed in November 1993 and addresses VIOLATIONS OF THE CONSTITUTIONAL AND CIVIL RIGHTS OF THE CITIZENS, PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE...as part of the Civil Rights Act, 18 U.S.C. 245 (a)(1)allows state and local law enforcement authorities the authority and responsibility for prosecuting acts that may be in violation of the Civil Rights Act and that violate state or local law....the injured party may include a request for and offer evidence that punitive and/or other monetary damages should be assessed upon the offending party....Once a petition regarding such violation of a right or privilege protected by this Ordinance is filed with the county, district or prosecuting attorney or the grand jury, an investigation of such violation must occur, including a determination of the identification of the person(s), including but not limited to any employee of the federal, state or county government responsible for such violation.

Ordinance 93-04, passed in May of 1993 was adopted TO PROTECT THE PUBLIC PEACE, GENERAL WELFARE, HELATH AND SAFETY OF THE CITIZENS OF OTERO COUNTY FROM ONGOING ECONOMIC AND FINANCIAL DAMAGE, PROVIDING FOR AN ENVIRONMENTAL PLANNING AND REVIEW PROCESS, PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE...

...WHEREAS, Otero County has been granted by the state legislature "Home Rule powers" through the Home Rule Validation Act, which allows New Mexico counties to develop land use, resource management, and environmental planning resolution and ordinances necessary to "secure the public health, safety, convenience, and welfare"...WHEREAS, NEPA and the CEQ regulation require assessment of the direct, indirect, and cumulative effects of federal agency decisions on the environment...Require that a federal agencies abide by existing laws which require them to conduct joint planning with Otero County for proposed plans, programs, and projects on federal land and state lands withing the County...All federal agencies shall notify the Otero County Commission immediately upon initiation of any proposal or planning activity that may lead to a proposal or project affecting the human environment in Otero County...Joint public hearings shall be conducted "...to the fullest extent possible"...Informal letters shall be used to document preliminary discussions and decisions of proposals...Since the majority of land in Otero County is federal land, and the County's major industries - livestock, timber, and recreation - are tied to that land, than all "economic or social and natural or physical environmental effects" are interrelated.

The Ordinance adopted August 23, 2007, goes on to state: ...WHEREAS, The Board of County Commissioners had adopted Ordinance #96-01 that recognizes its duty and jurisdiction to manage public lands within the boundaries of Otero County...This application (World Heritage) process has been in our view, neither fair nor corrdinated with Otero County or its residents...

Let's take a look at Ordinance 96-01 adopted in January 1996. ...WHEREAS, the county governments, under state ownership of the public lands, are better able than the federal government to (1) manage the public lands within their boundaries and make the often difficult policy decisions that are necessary with respect to the appropriate uses to which the lands should be put; and (2) protect the private rights which exist on these lands....AND NOW, THEREFORE BE IT ORDAINED that we, the Otero County Board of Commissioners, in keeping with our oath of office to uphold the Constitution of the United States of America, do (1) ordain and establish by ordinance Otero County's authority and jurisdiction to manage such public lands under State ownership and statutes in accordance with, but not limited to, the provision of the Constitution of the United States of America, the "equal footing" doctrine, the Constitution of the State of New Mexico and New Mexico State Statutes; (2) ordain and establish a Public Land Use Advisory Council (PLUAC) that will serve at the pleasure of the Board of County Commissioners to help us accomplish our public land management responsibilities....

The Resolution opposing World Heritage Site Designation for White Sands National Monument and the effects of the designation on neighboring properties and sites in and around Otero County New Mexico goes on to say...WHEREAS, it is a deep concern of the board of County commissioners that a World Heritage site is proposed for designation in an area surrounded by sensitive American Military operations and installations. We question the wisdom of designating the WSNM as a World Heritage site at a time of heightened Homeland security and international relations challenges. WHEREAS, Otero County and its citizens care very deeply about our national and cultural resources; The County and its citizens are equally committed to the concepts of local control, sovereignty and individual freedom. Any designation that attempts to limit this control or these freedoms (particularly in buffer areas surrounding World Heritage Sites) is unacceptable in this County.

Otero County Ordinances can be viewed at :http://co.otero.nm.us/index.html