reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 69 - Mines › Article 16 - Ladderways in Coal Mines (Repealed.) › Section 69-16-1 to 69-16-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-16-1 to 69-16-7 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 72 to 77, relating to ladderways in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 17 - Underground Haulage in Coal Mines (Repealed.) › Section 69-17-1 to 69-17-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-17-1 to 69-17-10 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 79 and 81 to 87 and as amended by Laws 1973, ch. 218, §§ 19 and 20, relating to underground haulage in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 18 - Hoisting Equipment in Coal Mines (Repealed.) › Section 69-18-1 to 69-18-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-18-1 to 69-18-13 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 90, 94, and 100 and as amended by Laws 1973, ch. 218, §§ 21 to 30, relating to hoisting equipment in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 18 - Hoisting Equipment in Coal Mines (Repealed.) › Section 69-18-14 - Repealed.

History:
Laws 1933, ch. 153, § 101; 1941 Comp., § 67-1214; 1953 Comp., § 63-12-14; Laws 1973, ch. 218, § 31; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-18-14 NMSA 1978, as enacted by Laws 1933, ch. 153, § 101, relating to hoist engineer qualifications, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 19 - Explosives in Coal Mines (Repealed.) › Section 69-19-1 to 69-19-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-19-1 to 69-19-19 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 102 to 106, 108, 109, and 113 to 120 , relating to explosives in mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 20 - Ventilation and Gases in Coal Mines (Repealed.) › Section 69-20-1 to 69-20-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-20-1 to 69-20-21 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 122, 123, 125, 126, 128, 130 to 133, 138, 140, 141, relating to ventilation of gases in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 21 - Timbering in Coal Mines (Repealed.) › Section 69-21-1 to 69-21-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-21-1 to 69-21-6 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 142, 144, 146, and 147, relating to timbering in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 22 - Rock Dust in Coal Mines (Repealed.) › Section 69-22-1 to 69-22-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-22-1 to 69-22-6 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 148 and 150 to 152, relating to rock dust in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 23 - Electrical Equipment in Coal Mines (Repealed.) › Section 69-23-1 to 69-23-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-23-1 to 69-23-19 NMSA 1978, as enacted by Laws 1933, ch. 153, §§ 157, 158, 160 to 165, 167 to 169, 171, and 173 to 175, relating to electrical equipment in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 24 - Coal Mines; General Provisions › Section 69-24-1 to 69-24-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-24-1 to 69-24-14 NMSA 1978, as enacted by Laws 1912, ch. 80, § 12 and Laws 1933, ch. 153, §§ 176 to 181, 183 to 185, and 187, and as amended by Laws 1973, ch. 218, §§ 44 to 47, relating to general safety provisions in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 24 - Coal Mines; General Provisions › Section 69-24-15 - [Setting fire at or within mine; penalty.]

Any person who shall willfully set on fire or ignite or cause to be set on fire or ignited any building equipment or anything whatsoever at or within any mine when any person is present in such mine at the time, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned for not less than five years nor more than twenty-five years, provided, however, that if the life of any person be lost through the ignition or causing to be ignited of any such building, equipment or other thing as in this section provided, the person setting or causing to be set such fire shall be deemed guilty of murder in the first degree, and shall be dealt with according to the law at the time in force prescribing the penalty for such offense.
History:
Laws 1912, ch. 80, § 12; Code 1915, § 3513; C.S. 1929, § 88-626; 1941 Comp., § 67-1815; 1953 Comp., § 63-18-15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 261 et seq., 390 et seq., 419.
58 C.J.S. Mines and Minerals § 377.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 25 - Coal Surface Mining (Repealed.) › Section 69-25-1 to 69-25-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 291, § 38, repealed 69-25-1 to 69-25-21 NMSA 1978, relating to coal surface mining. For present provisions,
see
69-25A-1 to 69-25A-35 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 25A - Surface Mining › Section 69-25A-1 - Short title.

Chapter 69, Article 25A NMSA 1978 may be cited as the "Surface Mining Act".
History:
Laws 1979, ch. 291, § 1; 2000, ch. 4, § 19.
ANNOTATIONS
Cross references.
— For regulation of hard rock mines,
see
the New Mexico Mining Act, Chapter 69, Article 36 NMSA 1978.
The 2000 amendment,
effective February 15, 2000, substituted "Chapter 69, Article 25A NMSA 1978" for "This act".
Law reviews.
— For article, "Promoting Economic Incentives for Environmental Protection in the Surface Mining Control and Reclamation Act of 1977: An Analysis of the Design and Implementation of Reclamation Performance Bonds," see 25 Nat. Resources J. 389 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Mine tailings as real or personal property, 75 A.L.R.4th 965.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 25A - Surface Mining › Section 69-25A-2 - Purpose of act.

It is the purpose of the Surface Mining Act to:
A. establish a program to protect society and the environment from the adverse effects of surface coal mining operations;
B. assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected against losses resulting from the improper conduct of such operations;
C. assure that surface mining operations are not conducted where reclamation as required by the Surface Mining Act is not feasible;
D. assure that surface coal mining operations are conducted in a manner which will protect the environment;
E. assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;
F. assure that the coal supply essential to the nation's energy requirements and to its economic and social well-being is provided, and to strike a balance between protection of the environment and agricultural productivity and the nation's need for coal as an essential source of energy;
G. assure that appropriate procedures are provided for public participation in the development, revision and enforcement of regulations, standards, reclamation plans or programs established under the Surface Mining Act; and
H. establish a regulatory program appropriate to the terrain, climate, biologic, chemical and other physical conditions in areas subject to mining operations within New Mexico so that the primary governmental responsibility for developing, authorizing, issuing and enforcing regulations for surface mining and reclamation operations shall rest with the state, and so that New Mexico may assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within this state, as contemplated by the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sections 1201 - 1328 (1977).
History:
Laws 1979, ch. 291, § 2.
ANNOTATIONS
2023 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.
ANNOTATIONS
Delayed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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
2023 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
2023 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.
ANNOTATIONS
Cross 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.
2023 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
2023 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.
ANNOTATIONS
Cross references.
— For regulation of lands affected by mining "hard rock" minerals,
see
Chapter 69, Article 36 NMSA 1978.
2023 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
2023 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
2023 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.
ANNOTATIONS
Cross 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.
2023 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
2023 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
2023 New Mexico Statutes › Chapter 69 - Mines › Article 25A - Surface Mining › Section 69-25A-34 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Severability.
— 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
The 1992 amendment,
effective May 20, 1992, deleted "coal" preceding "mining practices" in three places.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.