New Mexico Indian Affairs Department

Capital Outlay - Frequently Asked Questions

How can I apply for capital outlay funds for my community?

The State of New Mexico Legislative website can be found at http://www.nmlegis.gov/lcs/. The "Capital Outlay" link is on the right side of the home page. Click on this link for access to the Capital Outlay Request Form, which is designed to assist you in describing the project for which you are seeking funding. Completing this form is necessary to provide accurate information to the legislative council service for drafting purposes and for legislators to make informed decisions about funding projects. All Capital Outlay requests must be signed by the sponsoring legislator.

How does the capital outlay process work?

The State of New Mexico Legislature intends to fund projects that are well planned and budgeted and that have been deemed important to communities. Additionally, the legislature is trying to fund projects in phases. The legislature has developed a list of criteria for funding needed projects. The criteria list is available at the legislature's web site (http://www.nmlegis.gov/lcs/). Participation in the Infrastructure Capital Improvement Plan ("ICIP") process allows an entity to create an individual ICIP. The plan includes information that describes the entity's planning process, goals, trends, inventory as well as a summary and details of projects planned for the next five years, including project priority, description, budget, possible funding sources, operating expenses, and implementation schedule. From this information the entity picks its top five state fiscal year projects that they wish to earmark for funding consideration during the legislative session. A helpful hint is to begin working early each year (in the interim between each legislative session) to begin to inform your respective legislators about your project(s) and seek their support.

My capital outlay project was funded by the State Legislature. What do I do next?

As soon as a legislative session is completed, the information on the capital outlay projects that were funded is forwarded to the responsible state agency. The agency will then notify the local government responsible for carrying out the intended purpose of the project. The Agency will send a letter to: 1) Inform the entity of the project by stating the legislative intent of the project and legal citation; and 2) Request a scope of work to begin the negotiation of the contract (Joint Powers Agreement).

What is the Art in Public Places Program (AIPP)?

In 1986, the Legislature of the State of New Mexico passed and the Governor signed into law the Art in Public Places Act (§13-4A-1, NMSA 1978, as amended). The legislation declares it to be "a policy of the State that a portion of appropriations for capital expenditures be set aside for the acquisition or commissioning of works of art to be used in, upon, or around public buildings." (§13-4A-2, NMSA 1978). The resulting AIPP is often referred to as the One Percent for Art Program because of the requirement in the law. The primary provision in the AIPP Act is that "all agencies shall allocate. . . one percent or $200,000, whichever is less, of the amount of money appropriated for new construction or a major renovation exceeding $100,000 to be expended for the acquisition of . . . art (§13-4A-4).

For questions about AIPP, please contact staff at: aipp@oca.state.nm, in Santa Fe 827-6490 or in-state 800-879-4378.

When will my check be ready?

If the capital outlay appropriation is from the General Fund, the appropriate state agency will process your Request for Payment. Requests for Payment for projects funded with Severance Tax Bond proceeds are processed in accordance with the State Board of Finance deadlines which are the 10th and 20th of each month. All tribal entities organizations must have an authorized (and up-to-date) agreement for wire transfer services. It is critical to keep all agencies informed if an entity changes its financial institution. Once the funds have been transferred to the tribal entity/organization, written notification is sent to verify the wire transfer.

My capital outlay project was not fully funded. What should I do?

It is very rare that that the NM State Legislature is able to fully fund capital outlay requests, especially for facility construction projects. The key to a successful project is seek multiple funding sources to leverage the project, in order to accomplish a fully funded project. It is also important to contemplate how the operations and maintenance will be provided for once the facility construction project is complete. Another strategy is to phase the project. For example, Phase I-Planning and Design; Phase II-Funding for Infrastructure (Water, Wastewater and Utilities); Phase III-Constructon, etc. Potential funding sources want to know how all activities will be provided for. The following websites have foundations and corporations are resources for potential grants: