reglab/housing_qa huggingface dataset:
NM Stat § 69-25B-4 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-4 - Abandoned mine reclamation fund; created.

There is created within the state treasury the "abandoned mine reclamation fund". All money received by the state pursuant to Title 4 of the Surface Mining Control and Reclamation Act of 1977, as amended, shall be delivered to the state treasurer and be deposited in the fund. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources in order to carry out the purposes of the Abandoned Mine Reclamation Act. History: Laws 1980, ch. 87, § 4; 1987, ch. 234, § 56; 1992, ch. 18, § 4. 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, added "created" to the section catchline and substituted "as amended" for "30 U.S.C. Sections 1201 through 1328 (1977)" in the second sentence. The 1987 amendment, effective July 1, 1987, near the end of the last sentence substituted "energy, minerals and natural resources" for "energy and minerals." Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for reclamation fees under § 402 of Surface Mining Control and Reclamation Act (30 USCS § 1232), 117 A.L.R. Fed. 377.
NM Stat § 69-25B-5 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-5 - State reclamation plan; application for support.

A. The director shall develop and submit to the United States secretary of the interior a state reclamation plan. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded and the legal authority and programmatic capability to perform such work in conformance with the provisions of federal law and regulations. B. After approval by the United States secretary of the interior of the state plan, the director shall submit, on an annual basis, an application for the support of the state program and implementation of specific reclamation projects. The annual applications shall include such information as may be requested by the United States secretary of the interior. History: Laws 1980, ch. 87, § 5.
NM Stat § 69-25B-6 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-6 - Objectives of the fund; duties of the director.

A. Pursuant to the state reclamation plan, expenditures from the fund shall be used by the director on eligible lands and water and shall reflect the priorities and objectives in the federal Surface Mining Control and Reclamation Act of 1977, as amended. B. The legislature declares that voids and open and abandoned tunnels, shafts and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operations may degrade the environment. Notwithstanding the provisions of Subsection A of this section, the director, with the prior approval of the governor and the United States secretary of the interior, may use expenditures from the fund to fill the voids, seal the abandoned tunnels, shafts and entryways and reclaim surface impacts of underground or surface mines that could endanger life and property, constitute a hazard to the public health and safety or degrade the environment. In those instances where mine waste piles are being reworked for conservation purposes, expenditures from the fund may be used to pay the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels if the disposal of these wastes meets the purposes of this subsection. History: Laws 1980, ch. 87, § 6; 1992, ch. 18, § 5; 2011, ch. 65, § 2. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, clarified the priorities and objectives of expenditures from the fund by adopting the priorities and objectives of the Surface Mining Control and Reclamation Act of 1977 and eliminating the authority to spend funds to construct public facilities in communities impacted by mining; and eliminated the three year time limit for the expenditure of federal funds. The 1992 amendment, effective May 20, 1992, substituted "mining development" for "coal development" in the introductory paragraph of Subsection C, deleted "coal" preceding "mining practices" throughout the section, and made minor stylistic changes throughout the section.
NM Stat § 69-25B-8 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-8 - Liens.

A. Within six months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past mining practices on privately owned land, the director shall itemize the money so expended and may file a statement thereof in the office of the county clerk of the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past mining practices if the money so expended results in a significant increase in property value. The statement shall constitute a lien upon the land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices. No lien shall be filed against the property of any person in accordance with this subsection who neither consented to nor participated in nor exercised control over the mining operation that necessitated the reclamation performed pursuant to the provisions of the Abandoned Mine Reclamation Act. B. The landowner may proceed to petition the district court for the county in which the land lies within sixty days of the filing of the lien to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices. The amount found by the court to be the increase in value of the premises shall constitute the amount of the lien and be recorded with the statement provided for in this section. Any party aggrieved by the decision of the district court may appeal to the supreme court. C. The lien provided in this section shall be entered in the office of the county clerk of the county in which the land lies. The statement shall constitute a lien upon the land as of the date of the expenditure of the money and have priority as a lien second only to the lien of ad valorem taxes imposed upon the land. History: Laws 1980, ch. 87, § 8; 1992, ch. 18, § 7; 2011, ch. 65, § 3. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, in Subsection A, eliminated the prohibition on the filing of liens on property of a person who owned the surface of the property prior to May 2, 1977. The 1992 amendment, effective May 20, 1992, deleted "coal" preceding "mining practices" several times throughout the section, substituted "performed pursuant to the provisions of the Abandoned Mine Reclamation Act" for "performed hereunder" in the last sentence of Subsection A, and made minor stylistic changes throughout the section.
NM Stat § 69-25B-9 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-9 - Reports.

The director shall report annually to the United States congress and to the United States secretary of the interior on operations under the fund together with his recommendations as to future uses of the fund. History: Laws 1980, ch. 87, § 9.
NM Stat § 69-25B-10 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-10 - Additional powers.

A. The director may engage in any work and do all things necessary or expedient to implement and administer the provisions of the Abandoned Mine Reclamation Act. B. The director may adopt rules and regulations which are necessary to effectuate the provisions of the Abandoned Mine Reclamation Act, taking into account appropriate federal rules and regulations. C. If necessary, the director may engage in cooperative projects under the Abandoned Mine Reclamation Act with any agency of the United States and with any other agency of the state or its political subdivisions. D. The director may request the attorney general who is hereby authorized to initiate an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in the Abandoned Mine Reclamation Act. E. The director may construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant. History: Laws 1980, ch. 87, § 10.
NM Stat § 69-25B-11 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-11 - Appeal of director's decision.

Except as provided in Subsection B of Section 8 [69-25B-8 NMSA 1978] of the Abandoned Mine Reclamation Act, any party aggrieved by a decision of the director may file a petition for review of the director's decision with the district court of Santa Fe county within thirty days of the date of the decision appealed from. Appeals from the decision of the district court may be taken in the same manner as is provided by law for appeals in civil cases. History: Laws 1980, ch. 87, § 11. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
NM Stat § 69-25B-12 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 25B - Abandoned Mine Reclamation|Section 69-25B-12 - Emergency powers.

A. The director is authorized to expend money from the fund for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of mining practices on eligible lands if the director makes a finding of fact that: (1) the land upon which the emergency is situated is eligible land; (2) an emergency exists that is an imminent danger to the public health, safety or general welfare; (3) no other person or agency will act expeditiously to restore, reclaim, abate, control or prevent the adverse effects of mining practices; and (4) sufficient funds are available to abate the emergency. B. The director, his agents, employees and contractors shall have the right to enter upon any land where an emergency exists and any other land providing access to the land where the emergency exists to restore, reclaim, abate, control or prevent the adverse effects of mining practices and to do all things necessary or expedient to protect the public health, safety or general welfare. Such entry shall be an exercise of state police power and shall not be construed as an act of condemnation or trespass of property. C. The money expended for work to abate an emergency shall be chargeable through the lien procedure provided in the Abandoned Mine Reclamation Act against the land upon which the emergency was abated. D. The money charged against the land shall mitigate or offset any claim in any action brought by any owner claiming any interest in the property for any damage alleged to result from emergency entry under this section. This provision does not create any new right of action or eliminate any existing state immunity. History: 1978 Comp., § 69-25B-12, enacted by Laws 1985, ch. 42, § 2; 1992, ch. 18, § 8. ANNOTATIONSThe 1992 amendment, effective May 20, 1992, deleted "coal" preceding "mining practices" in three places.
NM Stat § 69-26-1 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 26 - Mines Other Than Coal - Registration and Statistical Information|Section 69-26-1 - Annual registration; data required; operations; notice of suspension; reactivation to state mine inspector.

A. Each operation in New Mexico shall register with the mining and minerals division of the energy minerals and natural resources department annually and upon the start of operations. The registration shall include: (1) the name of the operations; (2) post office address; (3) the name of the operator or person in charge; and (4) the character of operation such as the mineral produced or sought. B. It is the duty of every mine operator to notify the mining and minerals division in writing of the suspension of operations, whether of a temporary or permanent nature. Upon reactivating the mine, or any mine which may have been shut down three months or more, the operator, ten days prior to the reactivation, shall notify the mining and minerals division in writing of intention to reactivate the mine, giving information as to the name and location of the property and the name and address of the party who will be in charge of the work. C. The mining and minerals division shall provide a copy of the registration to the state mine inspector. History: Laws 1933, ch. 153, § 191; 1941 Comp., § 67-1901; 1953 Comp., § 63-19-1; Laws 1955, ch. 133, § 1; 1957, ch. 45, § 1; 1963, ch. 229, § 3; 1989, ch. 193, § 14. ANNOTATIONSThe 1989 amendment, effective July 1, 1989, added the section heading; designated the formerly undesignated first sentence as Subsection A, restructuring it into two sentences, substituting the present language of the first sentence for "Each operation in New Mexico shall register with the state mine inspector annually before February 15 of each year, or upon start of operations", and making minor stylistic changes throughout the subsection; designated the formerly undesignated second and third sentences Subsection B while substituting "mining and minerals division" for "mine inspector" in the first sentence and "mining and minerals division" for "state inspector of mines" in the second sentence therein; and added Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 274 et seq. 58 C.J.S. Mines and Minerals § 237.
NM Stat § 69-26-2 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 26 - Mines Other Than Coal - Registration and Statistical Information|Section 69-26-2 - Production information; confidential nature.

Each mining, milling or smelting operation shall furnish each year to the mining and minerals division of the energy, minerals and natural resources department information regarding production and value of production, persons employed, mining equipment and methods and any other information as may be reasonably required for the previous calendar year on blank forms to be furnished the operator for that purpose. Any information regarding production of individual mines is to be held confidential and not published unless agreed to by the operator; except that the information may be provided to the state mine inspector. Concerning any information so provided, the secretary and employees of the energy and minerals department and the state mine inspector are subject to the provisions of Section 71-2-8 NMSA 1978. History: Laws 1933, ch. 153, § 192; 1941 Comp., § 67-1902; Laws 1951, ch. 231, § 1; 1953 Comp., § 63-19-2; Laws 1963, ch. 229, § 4; 1973, ch. 218, § 48; 1979, ch. 325, § 2; 1987, ch. 234, § 57; 1989, ch. 193, § 15. ANNOTATIONSThe 1989 amendment, effective July 1, 1989, rewrote the first and second sentences, which formerly read: "Each mining operation shall furnish to the state mine inspector on or before February 15 of each year information regarding estimated production and value of estimated production, persons employed, mining equipment and methods and any other information as may be reasonably required for the previous calendar year on blank forms to be furnished the operator by the state mine inspector for that purpose" and "Any information regarding production of individual mines is to be held confidential and not published by the inspector unless agreed to by the operator; provided that the inspector may reveal the information to the secretary of energy, minerals and natural resources", respectively; and inserted "and the state mine inspector" in the last sentence. The 1987 amendment, effective July 1, 1987, substituted "energy, minerals and natural resources" for "energy and minerals" both places it appears and made minor changes in language throughout the section. The 1979 amendment inserted "state" preceding "mine inspector" near the beginning of the section, substituted "state mine inspector" for "state inspector of mines" near the end of the first sentence, added the proviso at the end of the second sentence and added the third sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 274 et seq. 58 C.J.S. Mines and Minerals § 237.
NM Stat § 69-26-3 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 26 - Mines Other Than Coal - Registration and Statistical Information|Section 69-26-3 - Request for information.

The mine operator shall at any time, upon written request, furnish any reasonable information or data desired by the director of the mining and minerals division of the energy, minerals and natural resources department. History: Laws 1933, ch. 153, § 193; 1941 Comp., § 67-1903; 1953 Comp., § 63-19-3; Laws 1989, ch. 193, § 16. ANNOTATIONSThe 1989 amendment, effective July 1, 1989, added the section heading, deleted "the mine inspector's" preceding "written request", and substituted "director of the mining and minerals division of the energy, minerals and natural resources department" for "mine inspector". Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 274 et seq. 58 C.J.S. Mines and Minerals § 237.
NM Stat § 69-27-1 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 27 - General Duties of Operators and Employees in Other Than Coal Mines|Section 69-27-1 - [Safety measures required of operators.]

Every mine employer shall furnish such employment and such place of employment as shall be reasonably safe for the employees therein, and shall furnish and use safety devices and safeguards, adopt and use methods and processes reasonably adequate to render such employment and place of employment safe and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees. History: Laws 1933, ch. 153, § 194; 1941 Comp., § 67-2001; 1953 Comp., § 63-20-1. ANNOTATIONSCross references. — For provision that certain indemnity agreements void, see 56-7-2 NMSA 1978. Safety statute not applicable to delinquency regarding safety practices. — When workman (worker) has been killed or injured, delinquency of employer with respect to specific safety practices required by statute (as opposed to safety devices) does not subject employer to imposition of penalty award under safety statute (52-1-10 NMSA 1978) because safety statute does not so provide. Montoya v. Kennecott Copper Corp., 1956-NMSC-062, 61 N.M. 268, 299 P.2d 84. Requirement of safe place to work is not "safety device" within meaning of 52-1-10 NMSA 1978. Montoya v. Kennecott Copper Corp., 1956-NMSC-062, 61 N.M. 268, 299 P.2d 84. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 328, 329, 335, 336, 337, 338, 339, 349 et seq., 357 et seq., 362 et seq. Dangerous places discovered in examination of mine, master's duty as to marking, 15 A.L.R. 1480. 58 C.J.S. Mines and Minerals § 229.
NM Stat § 69-27-2 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 27 - General Duties of Operators and Employees in Other Than Coal Mines|Section 69-27-2 - [Presence of official with complete authority required.]

The mine operator shall at all times during the operation of the mine have a person on the ground with authority over all branches and phases of the operation of the mine during the time he is on duty. Provided, however, that nothing herein contained shall prevent the owner or operator from personally having such charge of the mine, provided he can qualify under all other provisions of this act. History: Laws 1933, ch. 153, § 195; 1941 Comp., § 67-2002; 1953 Comp., § 63-20-2. ANNOTATIONSCompiler's notes. — The term "this act" refers to Laws 1933, ch. 153, the provisions of which are presently compiled as 69-4-1 to 69-4-10, 69-5-2, 69-5-7, 69-5-9 to 69-5-18, 69-6-1, 69-6-2, 69-11-1 to 69-11-3, 69-12-1 to 69-12-7, 69-13-1 to 69-13-3, 69-14-1 to 69-14-17, 69-15-1 to 69-15-15, 69-16-1 to 69-16-7, 69-17-1 to 69-17-10, 69-18-1 to 69-18-14, 69-19-1 to 69-19-19, 69-20-1 to 69-20-21, 69-21-1 to 69-21-6, 69-22-1 to 69-22-6, 69-23-1 to 69-23-19, 69-24-1 to 69-24-14, 69-26-1 to 69-26-3, 69-27-1 to 69-27-7, 69-28-1 to 69-28-9, 69-28-11 to 69-28-14, 69-29-1 to 69-29-7, 69-30-1 to 69-30-9, 69-31-1 to 69-31-13, 69-31-16, 69-32-1 to 69-32-3, 69-32-5 to 69-32-21, 69-33-1 to 69-33-8, 69-34-1 to 69-34-12 and 69-35-1 to 69-35-20 NMSA 1978. When several mines owned by one company are in operation, there must be a person of authority in charge at each mine at all times during any phase or branch of the mine operation. 1963 Op. Att'y Gen. No. 63-69. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 328. 58 C.J.S. Mines and Minerals § 236.
NM Stat § 69-27-3 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 27 - General Duties of Operators and Employees in Other Than Coal Mines|Section 69-27-3 - Mine abandonment; precautions.

Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all those safeguards, trespass warnings and appropriate danger notices shall be posted. The director of the mining and minerals division of the energy, minerals and natural resources department may bring an action in district court to compel the safeguarding of an abandoned mine. In the event of immediate danger to public health and safety, the director of the mining and minerals division may take all action necessary to safeguard the abandoned mine and recover reasonable costs for such work from the owner of the mine. History: Laws 1933, ch. 153, § 196; 1941 Comp., § 67-2003; 1953 Comp., § 63-20-3; Laws 1989, ch. 193, § 17. ANNOTATIONSThe 1989 amendment, effective July 1, 1989, added the section heading, inserted "and thereafter" in the first sentence, made minor stylistic changes in the second sentence, and added the last two sentences. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of landowner for injury or death of adult falling down unhoused mine shaft or the like, 46 A.L.R.2d 1069. Duty and liability as to plugging oil or gas well abandoned or taken out of production, 50 A.L.R.3d 240. 58 C.J.S. Mines and Minerals § 231.
NM Stat § 69-27-4 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 27 - General Duties of Operators and Employees in Other Than Coal Mines|Section 69-27-4 - [Gas or other serious condition; operator to report promptly to mine inspector.]

The operator shall report promptly to the mine inspector by telegraph or telephone the occurrence in and about the mines of serious outbursts of gas or other serious conditions threatening to cause the loss of lives. History: Laws 1933, ch. 153, § 197; 1941 Comp., § 67-2004; 1953 Comp., § 63-20-4. ANNOTATIONSCompiler's notes. — The N.M. Const., art. XVII, § 1, provided for the position of state mine inspector, whose duties shall be prescribed by law. See Chapter 69, Article 5 NMSA 1978. For state inspector duties and status, see 69-1-6 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 274 et seq. 58 C.J.S. Mines and Minerals § 237.