COMMENTARY:
The New Mexico State Land Office’s possible trade of certain land near Las Cruces to the Mescalero Apache tribe implicates a lot of value judgments, history, and potential collisions of interest.
The parcel is about a mile and a half from Tortugas Mountain and under two miles East of I-25. Years ago, we fought vigorously against an effort to develop the area near Tortugas Mountain. Hikers, conservationists, and local tribes, which climb that hill annually, united. No one wanted to see the mountain’s natural peace mucked up by shops. (I don’t know whether local tribes have any interest in or history with this parcel.)
As Land Commissioner Stephanie Garcia Richard sees it, this land was tribal land before the Feds took it, then gave it to New Mexico so that income from the land could help fund education here. The tribes, particularly the Mescalero, managed that land well. Some of it was also sacred to the tribes. She has therefore offered tribes the possibility of trading land parcels to recover former tribal land.
Two such trades have occurred. This would be the third. It’s merely at the request-for-consideration stage. That’s early. The tribe has consistently stated that it is interested in this land for ceremonies and dances, and might build an amphitheater or other structure to accommodate those. The tribe has said such a structure would be harmonious with the surrounding land. The tribe also has a long record of good land stewardship.
A public meeting in November generated strong reactions, including a great deal of concern about development, perhaps even a casino. Some neighbors feel strongly opposed to the trade unless strict stipulations are first put in place. Concerns have included access along the residential street, Tellbrook Road; and the absence of infrastructure where the parcel sits. One column accused Garcia Richard of trying to push this through despite the valid, deep-seated concerns of the residents.
The tribe’s leadership will discuss that public input internally, then advise the SLO of the tribe’s thoughts. The tribe may or may not change its plans, or possibly wish to consider a different parcel. If the tribe and SLO opt to go forward, a second public meeting would be set for early 2026. It’s worth noting that the land would go to the tribe in fee simple, making it subject to state and county rules and zoning. The fact that the tribe has not yet identified, and may not yet own, a parcel to trade to the SLO illustrates how early in the process we now are. Too, if the process is not finished in 2026, a new land commissioner will take office in January 2027.
I tend to trust the tribe. Indeed, this was the tribe’s land, wrongfully taken from the tribe. I believe they intend what they say they intend.
Still, if I were Garcia Richard, I would seriously consider negotiating stipulations to protect neighbors from a possible later change of heart (or leadership) by the tribe. Stipulations could include that the land would remain in fee simple, and not go into trust, and could limit development. Those contractual commitments would bind future leadership.
It’s early now, but this could be controversial next year. How should we balance remedying past wrongs and the interests of residents.
Meanwhile, enjoy the holidays. Don’t let concern about our ongoing national disaster impinge too much on your personal life. That accomplishes nothing.
Peter Goodman's opinions are his own and do not necessarily reflect the views of KRWG Public Media or NMSU.