reglab/housing_qa huggingface dataset:
NM Stat § 69-25A-4 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-4 - Coal surface mining commission; duties. (Repealed effective July 1, 2026.)

A. The "coal surface mining commission" is created. The commission shall consist of: (1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or his designee; (2) the director of the department of game and fish or his designee; (3) the secretary of environment or his designee; (4) the chairman of the soil and water conservation commission or his designee; (5) the director of the agricultural experiment station of New Mexico state university or his designee; (6) the state engineer or his designee; (7) the commissioner of public lands or his designee; and (8) two public members who shall be appointed by the governor with the advice and consent of the senate. The public members shall have, by education, training or experience, expertise related to mining or mine reclamation. B. The commission shall elect a chairman and other necessary officers and keep records of its proceedings. C. The commission shall convene upon the call of the chairman or a majority of its members. D. A majority of the commission is a quorum for the transaction of business. However, no action of the commission is valid unless concurred in by at least three of the members present. E. The commission shall perform those duties as specified in the Surface Mining Act relating to the promulgation of regulations and as specified in Section 69-25A-29 NMSA 1978 relating to appeals from the decisions of the director. F. No member of the commission who performs a function or duty under the Surface Mining Act may have a direct or indirect financial interest in any activity undertaken by the commission. G. The public members shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: Laws 1979, ch. 291, § 4; 1993, ch. 157, § 1; 2001, ch. 246, § 11. ANNOTATIONSDelayed repeals. — For delayed repeal, see 69-25A-36 NMSA 1978. Cross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978. The 2001 amendment, effective June 15, 2001, in Paragraph A(1), substituted "bureau of geology" for "bureau of mines" and inserted "of the New Mexico institute of mining and technology". The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "his designee" for "a member of his staff designated by him" in Paragraphs (1), (2), and (4) through (7), rewrote Paragraph (3), and added Paragraph (8); in Subsection E, substituted "Section 69-25A-29 NMSA 1978" for "Section 29 of that act"; and added Subsections F and G. State engineer. — The "state engineer" is the director of the water resources division of the natural resources department. See 72-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257. 58 C.J.S. Mines and Minerals § 334 et seq.
NM Stat § 69-25A-5 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-5 - Regulations.

A. The commission shall adopt and file such reasonable regulations as are necessary to implement the Surface Mining Act and as are consistent with that act. Such regulations shall be concise and written in plain, understandable language and shall include regulations governing surface coal mining and the issuance of permits during the interim period following the effective date of that act and preceding the date which occurs eight months following the date upon which that act is approved as a part of a state program within the meaning of Section 503 of the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C., Section 1253 (1977). In promulgating the interim regulations, the commission shall consider existing federal law relating to surface coal mining operations. The interim regulations shall govern surface coal mining operations of applicants and permittees during the interim period or until a permittee receives a permit issued pursuant to the Surface Mining Act which shall be valid beyond the interim period. Such regulations shall provide that permits issued during such interim period may be permits either as defined in Section 3 [69-25A-3 NMSA 1978] of the Surface Mining Act or as were previously issued pursuant to Laws 1972, Chapter 68 [repealed], as amended, and regulations issued pursuant to such laws. Such permits shall be subject to performance standard regulations promulgated pursuant to the Surface Mining Act. B. Except for the persons having a permit to which Section 9 [69-25A-9 NMSA 1978] of the Surface Mining Act is applicable, no person shall engage in or carry out any surface coal mining operations during the interim period unless such person has first obtained a permit issued by the director pursuant to regulations promulgated for the interim period under Subsection A of this section. History: Laws 1979, ch. 291, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1972, Chapter 68, referred to in Subsection A, was formerly compiled as 69-25-1, 69-25-3 to 69-25-21 NMSA 1978 and was repealed by Laws 1979, ch. 291, § 38. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 257, 260. 58 C.J.S. Mines and Minerals § 334 et seq.
NM Stat § 69-25A-6 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-6 - Procedure for adopting regulations.

A. No regulation may be adopted, amended or repealed without a public hearing before the commission or a hearing officer designated by the commission. B. The public hearing shall be held in Santa Fe and a verbatim record shall be maintained of all proceedings. Notice of the subject, time and place of the hearing, the manner in which interested persons may present their views, and the method by which copies of the proposed regulation or amendment may be obtained shall be: (1) published at least thirty days prior to the hearing date in a newspaper of general circulation in the state; and (2) mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings. C. The commission shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing. D. The commission may designate a hearing officer to take evidence at the hearing. E. Any person appearing or represented at the hearing shall, upon written request, be given written notice of the commission's action on the proposed adoption, amendment or repeal of a regulation. F. No regulation, its amendment or repeal shall be effective until thirty days after it is filed, as required under the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: Laws 1979, ch. 291, § 6. ANNOTATIONS
NM Stat § 69-25A-7 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-7 - Petition to initiate regulations.

A. After the commission has adopted the regulations required by the Surface Mining Act , any person may petition the commission to initiate a proceeding for the issuance, amendment or repeal of a rule under that act. B. Such petitions shall be filed with the chairman of the commission and shall set forth the facts which it is claimed establish that it is necessary to issue, amend or repeal a regulation under the Surface Mining Act. C. The commission may hold a public hearing or may conduct such investigation or proceeding as the commission deems appropriate in order to determine whether or not such petition should be granted. D. Within ninety days after the filing of a petition described in Subsection A of this section, the commission shall either grant or deny the petition. If the commission grants such petition, the commission shall promptly commence an appropriate proceeding in accordance with the provisions of the Surface Mining Act. If the commission denies such petition, the commission shall so notify the petitioner in writing setting forth the reasons for such denial. History: Laws 1979, ch. 291, § 7. ANNOTATIONS
NM Stat § 69-25A-8 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-8 - Director; duties.

The director shall perform all duties specified in the Surface Mining Act to be performed by the director and shall exercise all powers of enforcement and administration arising under that act not otherwise expressly delegated to the commission. The director shall execute and administer the commission's regulations. The director shall coordinate his review and issuance of permits for surface coal mining and reclamation with any other state or federal permit process applicable to the proposed operations. Provided, that nothing in that act shall be construed to supersede the authority which any state department or agency has with respect to the management, protection and utilization of the state lands and resources under its jurisdiction. History: Laws 1979, ch. 291, § 8. ANNOTATIONSCross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257. 58 C.J.S. Mines and Minerals § 334 et seq.
NM Stat § 69-25A-15 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-15 - Revision of permits.

A. During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the director. An application for a revision of a permit shall not be approved unless the director finds that reclamation as required by the Surface Mining Act can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within the period of time established in Section 14 [69-25A-14 NMSA 1978] of that act. The director shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply. Provided, that any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. Any extensions to the area covered by the permit, except incidental boundary revisions, must be made by application for another permit. B. No transfer, assignment or sale of the rights granted under any permit issued pursuant to the Surface Mining Act shall be made without the written approval of the director. C. The director shall, within a time limit prescribed in regulations promulgated by the commission, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit. Provided, that such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the Surface Mining Act. History: Laws 1979, ch. 291, § 15. ANNOTATIONS
NM Stat § 69-25A-16 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-16 - Coal exploration.

A. Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the commission. Such regulations shall include, at a minimum: the requirement that prior to conducting any exploration under this section, any person must file with the director notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration; and provisions for reclamation in accordance with the performance standards in Section 19 [69-25A-19 NMSA 1978] of the Surface Mining Act of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment. B. Information submitted to the director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination. C. Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of Section 22 [69-25A-22 NMSA 1978] of the Surface Mining Act. D. No operator shall remove more than two hundred fifty tons of coal without the specific written approval of the director. History: Laws 1979, ch. 291, § 16. ANNOTATIONSCross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978.
NM Stat § 69-25A-27 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-27 - Cooperative agreement between the state of New Mexico and the United States.

The governor is authorized to enter into a cooperative agreement with the secretary of the United States department of the interior for regulation by New Mexico of surface coal mining and reclamation operations on federal lands within New Mexico. Such cooperative agreement shall be on such terms as the governor deems appropriate, consistent with applicable state and federal law. History: Laws 1979, ch. 291, § 27. ANNOTATIONS
NM Stat § 69-25A-28 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-28 - Applicability to public agencies, public utilities and public corporations.

Any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation of federal, state or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of the Surface Mining Act shall comply with the provisions of that act. History: Laws 1979, ch. 291, § 28. ANNOTATIONS
NM Stat § 69-25A-31 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-31 - Exclusions.

The provisions of the Surface Mining Act do not apply to the extraction of coal: A. by a landowner for his own noncommercial use from land owned or leased by him; or B. as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the commission. History: Laws 1979, ch. 291, § 31; 1992, ch. 18, § 1. ANNOTATIONSCross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978. The 1992 amendment, effective May 20, 1992, deleted former Subsection B, which read: "for commercial purposes where the surface mining operation affects two acres or less"; and redesignated former Subsection C as present Subsection B.
NM Stat § 69-25A-32 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-32 - Conflict of interest; penalty; disclosure.

A. It is unlawful for a state employee who performs any function or duty under the Surface Mining Act to have a direct or indirect financial interest in any underground or surface coal mining operation. B. Whoever knowingly violates the provisions of Subsection A of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment of not more than one year, or both. C. The commission shall promulgate regulations to establish methods by which the provisions of this section shall be monitored and enforced, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this section. History: Laws 1979, ch. 291, § 32. ANNOTATIONS
NM Stat § 69-25A-33 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-33 - Experimental practices or other use.

To encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential or public use, including recreational facilities, the director may, with the approval by the secretary of the United States department of the interior, authorize departures in individual cases on an experimental basis from the environmental protection standards established under Sections 19 and 20 [69-25A-19 and 69-25A-20 NMSA 1978] of the Surface Mining Act. Such departures may be authorized if : A. the experimental practices are potentially at least as environmentally protective, during and after mining operations, as the performance standards of Sections 19 and 20 of the Surface Mining Act; B. the mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and C. the experimental practices do not reduce the protection afforded public health and safety below that provided by the performance standards of Sections 19 and 20 of the Surface Mining Act. History: Laws 1979, ch. 291, § 33. ANNOTATIONS
NM Stat § 69-25A-34 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-34 - Repealed.

ANNOTATIONSRepeals. — Laws 1980, ch. 12, § 1, repealed 69-25A-34 NMSA 1978, relating to the automatic termination of the Surface Mining Act, effective February 13, 1980.
NM Stat § 69-25A-35 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-35 - Administrative procedures; applicability.

The administrative procedures provided in the Surface Mining Act are exclusive. The director and commission, when performing any function under the Surface Mining Act, are exempt from the provisions of the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978]. History: Laws 1979, ch. 291, § 35. ANNOTATIONSSeverability. — Laws 1979, ch. 291, § 39, provided for the severability of the act if any part or application thereof is held invalid. Compiler's notes. — Laws 1979, ch. 291, § 36, provided that all regulations issued pursuant to any act repealed by the Surface Mining Act shall continue in full force and effect until replaced by regulations issued pursuant to the Surface Mining Act.
NM Stat § 69-25A-36 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25A - Surface Mining|Section 69-25A-36 - Termination of agency life; delayed repeal.

The coal surface mining commission is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of the Surface Mining Act until July 1, 2026. Effective July 1, 2026, Section 69-25A-4 NMSA 1978 is repealed.History: 1978 Comp., § 69-25A-34.1, enacted by Laws 1987, ch. 333, § 14; 1993, ch. 157, § 2; 2000, ch. 4, § 20; 2005, ch. 208, § 25; 2013, ch. 166, § 7; 2019, ch. 168, § 4. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, extended the termination date for the coal surface mining commission; and changed "July 1, 2019", to "July 1, 2025", and changed "July 1, 2020", to "July 1, 2026".The 2013 amendment, effective June 14, 2013, changed the coal surface mining commission termination date from 2013 to 2019, the termination of the operations date from 2014 to 2020, and the repeal date from 2014 to 2020. The 2005 amendment, effective June 17, 2005, changed the termination, operation and repeal dates. The 2000 amendment, effective February 15, 2000, substituted "2005" for "1999" in the first sentence, and in the second sentence substituted "the Surface Mining Act" for "Chapter 69, Article 25A NMSA 1978" and "2006" for "2000" in two places. The 1993 amendment, effective June 18, 1993, substituted "July 1, 1999" for "July 1, 1993" in the first sentence, "July 1, 2000" for "July 1, 1994" in the second and third sentences, and revised the style of the statutory reference in the third sentence.
NM Stat § 69-25B-1 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-1 - Short title.

This act [69-25B-1 to 69-25B-11 NMSA 1978] may be cited as the "Abandoned Mine Reclamation Act." History: Laws 1980, ch. 87, § 1.
NM Stat § 69-25B-2 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-2 - Purpose.

The purpose of the Abandoned Mine Reclamation Act is to provide a means whereby New Mexico may develop and implement a state program pursuant to Title 4 of the Surface Mining Control and Reclamation Act of 1977, as amended, and thereby to enable New Mexico to receive federal assistance to promote the reclamation of mined areas left without adequate reclamation that continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources or endanger the health or safety of the public. History: Laws 1980, ch. 87, § 2; 1992, ch. 18, § 2. ANNOTATIONSCross references. — For Title 4 of the federal Surface Mining Control and Reclamation Act of 1977, see 30 U.S.C. §§ 1231 to 1243. The 1992 amendment, effective May 20, 1992, substituted "as amended" for "30 U.S.C. Sections 1201 through 1328 (1977)" and "that continue" for "prior to the enactment of that act and which continue" near the middle of the section.
NM Stat § 69-25B-3 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-3 - Definitions.

As used in the Abandoned Mine Reclamation Act: A. "director" means the director of the mining and minerals division of the energy, minerals and natural resources department; B. "eligible lands and water" means all lands and water eligible for expenditures pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended; C. "emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to health, safety or general welfare of people before the danger can be abated under normal program procedures; and D. "fund" means the abandoned mine reclamation fund. History: Laws 1980, ch. 87, § 3; 1985, ch. 42, § 1; 1987, ch. 234, § 55; 1992, ch. 18, § 3; 2011, ch. 65, § 1. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, clarified the application of the act by redefining "eligible lands and water". The 1992 amendment, effective May 20, 1992, in Subsection B, deleted "for coal" following "mined", deleted "coal" preceding "processing" and preceding "mining", deleted "prior to August 3, 1977" following "status", and made minor stylistic changes throughout the subsection. The 1987 amendment, effective July 1, 1987, in Subsection A, substituted "energy, minerals and natural resources" for "energy and minerals." The 1985 amendment added present Subsection C and redesignated former Subsection C as present Subsection D.