reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 69 - Mines › Article 8 - Mining Safety › Section 69-8-9.1 - Standard of evaluation of variances; effect of variances granted.

A. A person affected by a rule adopted under the Mining Safety Act may petition the inspector for a variance.
B. A variance of a mandatory safety standard may be granted upon a determination that:
(1) an alternative method of achieving the result of the standard or rule exists that will at all times guarantee no less than the same measure of protection afforded by the standard or rule; or
(2) application of the standard or rule would diminish the safety of the affected miners.
C. All variances granted pursuant to this section shall have only future effect.
D. The inspector shall fully investigate any proposed variance with the requesting mine operator and the respective representative of miners, or a reasonable number of miners that will be affected by the proposed variance. The proposed variance shall be posted at the mine when submitted to the inspector to ensure that all miners have the opportunity to review and make comments to the inspector. Investigation shall begin within ninety days of receipt of the proposed petition, and the inspector shall make a final determination no longer than one hundred eighty days from the receipt of the proposed petition.
E. A person affected by the final decision of the inspector may appeal to the board within thirty days of the inspector's final decision. The appeal shall be in writing and sent to the board's chair. The board shall review the appeal within ninety days and may hold a hearing. The board shall make a final decision regarding the variance request.
F. A person who is adversely affected by a decision of the board pursuant to this section may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 2007, ch. 301, § 12 and Laws 2007, ch. 302, § 12.
ANNOTATIONS
Duplicate laws.
— Laws 2007, ch. 301, § 12 and Laws 2007, ch. 302, § 12, both effective June 15, 2007, enacted identical sections.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 8 - Mining Safety › Section 69-8-10 - Repealed.

History:
1953 Comp., § 63-31-10, enacted by Laws 1961, ch. 136, § 10; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.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— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-10 NMSA 1978, as enacted by Laws 1961, ch. 136, § 10, relating to right of entry and investigation, effective June 15, 2007.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 8 - Mining Safety › Section 69-8-11 - Right of entry and investigation.

The state mine inspector or his authorized representative shall have the power and authority to enter and inspect such places, question such employees and investigate such facts, conditions, practices or matters as he may deem appropriate to determine whether any person has violated any provisions of the Mining Safety Act, or any rule or regulation issued thereunder.
History:
1953 Comp., § 63-31-11, enacted by Laws 1961, ch. 136, § 11.
ANNOTATIONS
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 § 142.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 8 - Mining Safety › Section 69-8-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 193, § 19 repealed 69-8-12 and 69-8-13 NMSA 1978, as enacted by Laws 1961, ch. 136, §§ 12, 13 relating to enforcement and power as to witnesses, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 8 - Mining Safety › Section 69-8-14 - Repealed.

History:
1953 Comp., § 63-31-14, enacted by Laws 1961, ch. 136, § 14; 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 69-8-14 NMSA 1978, as enacted by Laws 1961, ch. 136, § 14, relating to court review, 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 8 - Mining Safety › Section 69-8-15 - Construction of act.

Rules and regulations promulgated under the Mining Safety Act shall be construed as "statutory regulations" and any safety devices required by such rules and regulations shall be construed as "safety devices required by law" as such terms are used in the Workmen's Compensation Act [Chapter 52, Article 1 NMSA 1978].
History:
1953 Comp., § 63-31-15, enacted by Laws 1961, ch. 136, § 15.
ANNOTATIONS
Severability.
— Laws 1961, ch. 136, § 16, provided for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 33, 35, 36, 37, 264.
58 C.J.S. Mines and Minerals § 229.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 8 - Mining Safety › Section 69-8-17 - Employee rights.

An employer shall not discharge or in any manner discriminate against, cause to be discharged or cause discrimination against an employee, representative of employees or applicant for employment in a mine subject to the Mining Safety Act because the employee, representative of employees or applicant for employment has filed or made a complaint under or related to that act or Chapter 69, Article 5 NMSA 1978, including a complaint notifying the operator, the operator's agent or the state mine inspector of an alleged danger or a safety or health violation in a mine, or because the employee, representative of employees or applicant for employment has instituted or caused to be instituted a proceeding under or related to the Mining Safety Act or has testified or is about to testify in any such proceeding.
History:
Laws 2006, ch. 102, § 5 and Laws 2006, ch. 106, § 5.
ANNOTATIONS
Duplicate laws.
— Laws 2006, ch. 102, § 5 and Laws 2006, ch. 106, § 5, effective March 7, 2006, enacted identical new sections. The section is set out as enacted by Laws 2006, ch. 106, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-1 - Declaration of policy.

It is hereby declared to be in the public interest to provide a method whereby small tracts of land, which cannot economically be separately explored and mined, may be consolidated for the purposes of exploring, mining and conserving the natural resources of this state under those circumstances where the mineral development of such tracts and the recovery and conservation of the natural resources of this state therein contained cannot otherwise be practically accomplished.
History:
1953 Comp., § 63-32-1, enacted by Laws 1967, ch. 33, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 44, 45.
Compulsory pooling or unitization statute or ordinance requiring owners or lessees of oil and gas lands to develop their holdings as a single drilling unit and the like, 37 A.L.R.2d 434.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-2 - Excluded lands and minerals.

No lands owned by the United States of America or the state of New Mexico or lying within the corporate limits of an incorporated village, city or town or held under patented or unpatented mining claim, and no allotted or tribal Indian lands shall be subject to the provisions of this act [69-9-1 to 69-9-10 NMSA 1978]. Neither shall this act be applicable to or affect rights to produce, mine or remove from the land oil, gas, coal or other hydrocarbons, or other materials mined primarily for their nonmetallic constituents such as potassium, phosphate, sodium or salt.
History:
1953 Comp., § 63-32-2, enacted by Laws 1967, ch. 33, § 2.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-3 - Definitions.

As used in Chapter 69, Article 9 NMSA 1978:
A. "small tract" means a tract of land comprising two acres or less. Where contiguous tracts of two acres or less are owned in common, as for example common ownership of contiguous lots created by platting, each tract is nevertheless a small tract within this definition;
B. "ore" means uranium exclusively with the exception of associated minerals mined therewith;
C. "owner" means a person having an interest in or right to ore in place, or the mining and removal thereof, in or on a small tract included in the area covered by an application for consolidation under Chapter 69, Article 9 NMSA 1978;
D. "mining rights" means the right to explore for, mine, remove, own and dispose of ore; and
E. "secretary" means the secretary of energy, minerals and natural resources.
History:
1953 Comp., § 63-32-3, enacted by Laws 1967, ch. 33, § 3; 1977, ch. 255, § 20; 1987, ch. 234, § 52.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-4 - Administration.

The secretary shall be vested with jurisdiction over the administration of this act [69-9-1 to 69-9-10 NMSA 1978] and shall have the power and the duty to make such rules, regulations and orders as may be necessary or proper to effectuate its purposes.
History:
1953 Comp., § 63-32-4, enacted by Laws 1967, ch. 33, § 4; 1977, ch. 255, § 21.
ANNOTATIONS
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 § 241.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-5 - Application for consolidation.

Any person, corporation or other legal entity seeking consolidation of an area comprised wholly of small tracts and holding mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (insofar as it pertains to ore) in such area, may make written application for such consolidation to the secretary, which application shall include the following:
A. a plat of the area to be consolidated, which area shall consist of contiguous small tracts and shall not comprise more than a total of 660 acres;
B. a designation (which may be by showing such information on aforesaid plat) of the small tracts or interest therein, within the area with respect to which applicant holds mining rights and the terms and conditions of such rights; a copy of the form of mining lease on which applicant has obtained its leases or a majority thereof within the area to be attached as an exhibit to the application;
C. a designation respectively of the small tracts, or interests therein, within the area with respect to which:
(1) the owners' names are known but their addresses are unknown;
(2) the owners are unknown; and
(3) the owners' names and addresses are known but on whose interests applicant has not obtained mining rights; stating such owners' names and addresses so far as known to applicant;
D. an affidavit by the applicant or by an officer of the applicant if it be a corporation setting forth the following particulars:
(1) the efforts made to locate the owners within the area whose names or addresses are alleged to be unknown; and
(2) the efforts made to obtain mining rights with respect to the interest of each owner in the area whose name and address is known but from whom the applicant has not obtained such rights;
E. a statement concerning the proposed operations, their objects and the methods to be utilized;
F. a statement concerning the need for the proposed consolidation.
History:
1953 Comp., § 63-32-5, enacted by Laws 1967, ch. 33, § 5; 1977, ch. 255, § 22.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-6 - Hearing; notice; expenses.

Upon receiving an application for consolidation under this act [69-9-1 to 69-9-10 NMSA 1978], the secretary shall set a date for hearing evidence with respect to such application. Notice of the hearing shall be given to all owners by publication once a week for four consecutive weeks in a newspaper of general circulation published in the county where the area to be consolidated is situated and, as to those owners for whom applicant has an address, by mailing by certified mail return receipt requested within five days after the date of first publication a copy of the notice as published to such owners at their respective addresses reflected in applicant's records. The last publication shall be at least ten days prior to the date set for the hearing. The notice shall describe the area sought to be consolidated, giving the section and the township, range and county and shall state generally the nature of the proceeding and the objects thereof.
In the event there is no newspaper of general circulation published in the county where the area to be consolidated is situated, notice shall be given in such manner as the secretary shall direct. The applicant shall pay all expenses incurred by the secretary in connection with an application for consolidation under this act.
History:
1953 Comp., § 63-32-6, enacted by Laws 1967, ch. 33, § 6; 1977, ch. 255, § 23.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-7 - Findings prerequisite to consolidation.

The secretary shall order consolidation of an area comprised of small tracts pursuant to application filed under this act [69-9-1 to 69-9-10 NMSA 1978] if he finds that:
A. proper notice of said hearing has been given as required by this act;
B. mineral development of the small tracts in the area to be consolidated on a separate and individual basis would be uneconomic and impractical;
C. the area set out in the application or such other area as determined by the secretary comprises an appropriate unit for the purposes set out herein;
D. consolidation of the area is needed to induce mineral exploration and potential mineral development of the area, will avoid waste of natural resources and will protect the correlative rights of all who have interests in the area;
E. the proposed operations are feasible and in accord with good industry practices;
F. the applicant has made diligent and good faith effort to locate all owners in the area and to obtain mining rights as to their interests but despite the applicant's efforts, there remain owners in the area who are unknown or whose addresses are unknown or from whom applicant has not obtained mining rights; and
G. the applicant holds mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (so far as it pertains to ore) in the area.
History:
1953 Comp., § 63-32-7, enacted by Laws 1967, ch. 33, § 7; 1977, ch. 255, § 24.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-8 - Effect of order.

An order of consolidation entered by the secretary pursuant to this act [69-9-1 to 69-9-10 NMSA 1978] shall, as to each small tract or interest therein, within the consolidated area on which applicant does not otherwise hold the mining rights, effectuate a mining lease to applicant from the owner of such tract, or interest therein, granting applicant mining rights thereon effective as of the date of the first publication of the notice of hearing on the application for consolidation.
The terms and provisions of the leases so granted to applicant shall be stated in the order and shall correspond to those contained in the form of mining lease attached to the application, except for such changes therefrom as the secretary may in his order determine to be required in order to effectuate the intents and purposes of this act, and provided that for purposes of such leases:
A. if operations are being conducted anywhere on the consolidated area, it shall be considered that operations are being conducted on each tract within the consolidated area;
B. if ore is produced from any part of the consolidated area (ore produced, saved and removed from the consolidated area being hereinbelow called "area production"), it shall be considered as though production of ore is had from each tract within the consolidated area and there shall be allocated to each such tract, as its share of area production, that part of the area production which bears the same ratio to the whole amount of such area production as the ratio that the number of surface acres in said tract bears to the total number of surface acres in the consolidated area; and unless the secretary shall determine and make another allocation which is more equitable in the protection of the correlative rights of the interested parties; and
C. each owner in a small tract within the consolidated area whose interest is under lease granted pursuant to this act shall receive in lieu of any other royalties a royalty as the same shall be fixed by the terms of the lease.
History:
1953 Comp., § 63-32-8, enacted by Laws 1967, ch. 33, § 8; 1977, ch. 255, § 25.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-9 - Approval by district court.

The order of the secretary shall be effective when approved by the district court for the county in which the consolidated area is located. Notice of hearing in the district court shall be given in the same manner as required for notice of hearing before the secretary, as specified in Section 69-9-6 NMSA 1978.
History:
1953 Comp., § 63-32-9, enacted by Laws 1967, ch. 33, § 9; 1977, ch. 255, § 26.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 9 - Consolidation of Small Tracts for Mineral Development › Section 69-9-10 - Money placed in suspense; escheat.

Any money payable to unknown owners or to owners whose addresses are unknown under leases effectuated by an order of consolidation pursuant to this act [69-9-1 to 69-9-10 NMSA 1978] shall be placed in suspense with the state treasurer who shall hold said money for payment upon demand and proof of ownership. Any money held in suspense for a period of ten years or longer shall be handled pursuant to the Uniform Disposition of Unclaimed Property Act [repealed].
History:
1953 Comp., § 63-32-10, enacted by Laws 1967, ch. 33, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The Uniform Disposition of Unclaimed Property Act was compiled as Chapter 7, Article 8 NMSA 1978 before being repealed in 1997. For comparable provisions,
see
Chapter 7, Article 8A NMSA 1978.
Severability.
— Laws 1967, ch. 33, s. 11, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 10 - Mineral Resources Development › Section 69-10-1 - Short title.

This act [69-10-1 to 69-10-4 NMSA 1978] may be cited as the "Mineral Resources Development Act."
History:
1953 Comp., § 63-33-1, enacted by Laws 1967, ch. 254, § 1.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 10 - Mineral Resources Development › Section 69-10-2 - Public policy.

The legislature finds and declares that:
A. the exploitation of New Mexico's mineral resources provides an opportunity for highly paid jobs for New Mexicans;
B. the successful exploitation of minerals shall be encouraged by the state of New Mexico;
C. New Mexico has been very successful in the past in exploiting minerals with visual observational methods applied to the surface of the ground; and
D. New Mexico has now reached the stage where future exploitation of minerals must proceed on the basis of the intensive application of modern technology. The immediate need is for the assembly of known data on mineral resources by mineral resource economists in order to make it possible to point to the areas offering the highest probability of successful exploitation of these resources.
History:
1953 Comp., § 63-33-2, enacted by Laws 1967, ch. 254, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Mines and Minerals § 4.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 10 - Mineral Resources Development › Section 69-10-3 - Technological studies; economist.

New Mexico institute of mining and technology is directed to use its mineral resource economist to undertake studies aimed at developing technology which will make possible the profitable exploitation of New Mexico's mineral resources. This effort should be aimed initially at those minerals development opportunities which offer the best hope of successful exploitation and the creation of the greatest number of jobs. When a profit opportunity has been developed, the mineral resource economist shall make this information available to the secretary of the economic development department.
History:
1953 Comp., § 63-33-3, enacted by Laws 1967, ch. 254, § 3; 1977, ch. 247, § 168; 1983, ch. 296, § 26; 1991, ch. 21, § 41.
ANNOTATIONS
The 1991 amendment,
effective March 27, 1991, substituted "the economic development department" for "commerce and industry department" in the final sentence.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 10 - Mineral Resources Development › Section 69-10-4 - Development.

It shall be the responsibility of the department of development [economic development division] to locate suitable private enterprises and interest them in the development of the profit opportunity uncovered by the minerals [mineral] resource economist.
History:
1953 Comp., § 63-33-4, enacted by Laws 1967, ch. 254, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Department of development.
—
See
69-10-3 NMSA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Mines and Minerals § 4.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 11 - Coal Mines; Registration and Statistical Information › Section 69-11-1 - Registration of coal mines and statistics required.

A. Each coal mining operation in the state shall register with the mining and minerals division of the energy, minerals and natural resources department annually and upon start of operations. The registration shall include:
(1) the name of the operation;
(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. The mining and minerals division shall provide a copy of the registration to the state mine inspector.
History:
Laws 1933, ch. 153, § 25; 1941 Comp., § 67-501; 1953 Comp., § 63-5-1; Laws 1989, ch. 193, § 8.
ANNOTATIONS
Cross references.
— For state mine inspector,
see
N.M. Const., art. XVII, § 1.
The 1989 amendment,
effective July 1, 1989, added the catchline; designated the formerly undesignated provisions as Subsection A, restructuring the former single sentence into two sentences, substituting the present language of the first sentence for "Each coal mine or mining operation in the state of New Mexico shall register with the state mine inspector annually before the first of August of each year", and making minor stylistic changes throughout the subsection; and added Subsection B.
Law reviews.
— For article, "The Making of Federal Coal Policy: Lessons for Public Lands Management From a Failed Program, An Essay and Review," see 25 Nat. Resources J. 349 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 259.
58 C.J.S. Mines and Minerals § 382.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 11 - Coal Mines; Registration and Statistical Information › Section 69-11-3 - Furnishing requested data.

The mine operator shall, at any time upon written request, furnish any reasonable information or data desired by the mining and minerals division of the energy, minerals and natural resources department.
History:
Laws 1933, ch. 153, § 27; 1941 Comp., § 67-503; 1953 Comp., § 63-5-3; Laws 1989, ch. 193, § 10.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, added the catchline and substituted all of the language beginning with "written request" for "the mine inspector's written request, furnish any reasonable information or data desired by the mine inspector".
Inspector may require notice before reactivation of mine.
Under this section, the inspector could require that the operator or owner of a mine that is proposed to be reactivated give notice of the contemplated reactivation with such other information as inspector might desire. Under this statute inspector could promulgate a regulation requiring that notice of this type be given a reasonable time prior to the reactivation by the mine owners or operators so that inspector could plan inspections accordingly. 1956 Op. Att'y Gen. No. 56-6442 (rendered under prior law).
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 § 382.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 12 - General Duties of Coal Mine Operators › Section 69-12-1 - Repealed.

History:
Laws 1933, ch. 153, § 28; 1941 Comp., § 67-601; 1953 Comp., § 63-6-1; 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 69-12-1 NMSA 1978, as enacted by Laws 1933, ch. 153, § 28, relating to safety measures, 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 12 - General Duties of Coal Mine Operators › Section 69-12-2 - Repealed.

History:
Laws 1933, ch. 153, § 29; 1941 Comp., § 67-602; 1953 Comp., § 63-6-2; repealed by Laws 2007, ch. 301, § 18 and Lws 2007, ch. 302, § 18.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-12-2 NMSA 1978, as enacted by Laws 1933, ch. 153, § 1, relating to presence of official with final authority required, 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 12 - General Duties of Coal Mine Operators › Section 69-12-3 - Mine maps; scale and contents; distribution; final survey required.

A. The owner of every underground coal mine shall have made by a competent surveyor a clear and accurate map showing the surface plant and the underground workings of the mine. The map shall be on a scale of not more than two hundred feet to the inch and shall bear the name of the mine, its location as to county, township and section, the name of the company, owner, the north point, the scale to which the map is drawn and the certificate of the surveyor as to the accuracy and date of the survey. The mine map shall be extended and corrected every year. True copies of the map and extensions and corrections thereof shall be provided, as follows: one copy of each map and plan shall be kept in the office of the mine; and one copy of each map shall be delivered to the mining and minerals division of the energy, minerals and natural resources department and shall become the property of the state and shall be kept at the office of the mining and minerals division. Unless the owner of the property gives written authorization, mine maps shall not be available to any person other than the state mine inspector or his clerks and the director of the mining and minerals division.
B. Whenever an underground mine is about to be closed or abandoned for an indefinite period, the owner shall have made a complete final survey of all workings not represented on the map of the mine and shall properly enter the results upon the map of the mine so as to show the exact relations of the most advanced workings to the boundary of the property and shall file a copy of same with the director of the mining and minerals division.
History:
Laws 1933, ch. 153, § 30; 1941 Comp., § 67-603; 1953 Comp., § 63-6-3; Laws 1989, ch. 193, § 11.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, added the catchline, substituted "map" for "map or maps" and "mining and minerals division of the energy, minerals and natural resources department" for "mine inspector" throughout the section, deleted "filed in the office of the mine inspector" following "maps" in the last sentence of Subsection A, and made minor stylistic changes throughout the section.
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 § 382.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 12 - General Duties of Coal Mine Operators › Section 69-12-4 - Mine abandonment; fencing; warning notices.

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 such 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 the district court in which the mine is located to compel the safeguarding of an abandoned mine. In the event of an 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, § 31; 1941 Comp., § 67-604; 1953 Comp., § 63-6-4; Laws 1989, ch. 193, § 12.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, added the catchline, inserted "and thereafter" in the first sentence, corrected a misspelling in the second sentence, and added the last two sentences.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Mines and Minerals § 375.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 12 - General Duties of Coal Mine Operators › Section 69-12-5 - Repealed.

History:
Laws 1933, ch. 153, § 32; 1941 Comp., § 67-605; 1953 Comp., § 63-6-5; 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 69-12-5 NMSA 1978, as enacted by Laws 1933, ch. 153, § 32, relating to immediate notification of fatal mine accidents, fires and explosions, complete report and record of accidents, 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 12 - General Duties of Coal Mine Operators › Section 69-12-6 - Repealed.

History:
Laws 1933, ch. 153, § 33; 1941 Comp., § 67-606; 1953 Comp., § 63-6-6; 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 69-12-6 NMSA 1978, as enacted by Laws 1933, ch. 153, § 33, relating to report of serious conditions threatening loss of life or property, 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 12 - General Duties of Coal Mine Operators › Section 69-12-7 - Accidents; written report.

A report in writing shall be made to the state mine inspector of each mine accident. The report shall be made within one month of the date of the accident. Submitting a copy of the report required under the Federal Mine Safety and Health Act of 1977 to the inspector shall satisfy the requirements of Chapter 69 NMSA 1978.
History:
Laws 1933, ch. 153, § 34; 1941 Comp., § 67-607; 1953 Comp., § 63-6-7; 2007, ch. 301, § 13; 2007, ch. 302, § 13.
ANNOTATIONS
Cross reference.
— For the Federal Mine Safety and Health Act of 1977,
see
30 U.S.C. § 801.
The 2007 amendment,
effective June 15, 2007, eliminated the specification of the contents of accident reports and provided that the submission of a copy of the report required under the Federal Mine Safety and Health Act shall satisfy the requirements of Chapter 69 NMSA 1978.
Laws 2007, ch. 301, § 13 and Laws 2007, ch. 302, § 13, both effective June 15, 2007, enacted identical amendments to this section.
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 § 382.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 12 - General Duties of Coal Mine Operators › Section 69-12-8 to 69-12-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-12-8 to 69-12-18 NMSA 1978, as enacted by Laws 1889, ch. 126, §§ 1, 2, 4, and 5 and Laws 1937, ch. 45, §§ 1 to 6, and as amended by Laws 1937, ch. 86, § 1, relating to mine scales at coal mines employing coal miners, effective July 1, 1987. For present comparable provisions,
see
69-5-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 13 - Duties of Coal Mine Employees (Repealed.) › Section 69-13-1 - Repealed.

History:
Laws 1933, ch. 153, § 35; 1941 Comp., § 67-701; 1953 Comp., § 63-7-1; 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 69-13-1 NMSA 1978, as enacted by Laws 1933, ch. 153, § 35, relating to safety devices and orders, 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 13 - Duties of Coal Mine Employees (Repealed.) › Section 69-13-2 - Repealed.

History:
Laws 1933, ch. 153, § 36; 1941 Comp., § 67-702; 1953 Comp., § 63-7-2; 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 69-13-2 NMSA 1978, as enacted by Laws 1933, ch. 153, § 36, relating to door, combustible device, explosive, missed shot, check, prop and lamp regulations, 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 13 - Duties of Coal Mine Employees (Repealed.) › Section 69-13-3 - Repealed.

History:
Laws 1933, ch. 153, § 37; 1941 Comp., § 67-703; 1953 Comp., § 63-7-3; 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 69-13-3 NMSA 1978, as enacted by Laws 1933, ch. 153, § 37, relating to misdemeanors and punishment, intoxicating liquor regulations, destruction of machinery, passing danger signs and travel by haulageway, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-1 - Mine foremen; mine examiners; certification by state mine inspector.

The state mine inspector shall certify, recertify or discipline persons to act as mine foremen and mine examiners. No mine operator shall employ any person as underground mine foreman, mine examiner or surface mine foreman unless that person has been certified by the state mine inspector for such position.
History:
Laws 1933, ch. 153, § 38; 1941 Comp., § 67-801; 1953 Comp., § 63-8-1; Laws 1973, ch. 218, § 5; 2007, ch. 301, § 14; 2007, ch. 302, § 14.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided authority for the state mine inspector to certify, recertify and discipline persons who act as mine foremen.
Laws 2007, ch. 301, § 14 and Laws 2007, ch. 302, § 14, both effective June 15, 2007, enacted identical amendments to this section.
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 § 378.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-2 - Methods of certification; certificates from other states; permits; examinations.

The state mine inspector shall certify persons for the positions of mine foreman and mine examiner and issue certificates accordingly as follows:
A. the state mine inspector may recognize the foreman's or mine examiner's certificate issued by any other state and issue certificates accordingly;
B. the state mine inspector shall hold written examinations, at times and places to be given out at least thirty days in advance, to all persons desiring to secure mine foreman certificates or mine examiner certificates; and
C. the state mine inspector shall require that any applicant for examination to the position of mine foreman or mine examiner shall submit a completed application at least thirty days prior to the examination date and shall meet the experience requirements of this section. Every person desiring to secure a mine foreman's certificate and not already in such position or not holding such certificate from another state shall first serve as a mine examiner for six months and shall have at least four years' coal mine experience to participate in the foreman's examination. A person who holds a certificate for surface mine foreman who wishes to take the underground foreman test must have a minimum of four years' experience in underground mine workings. A person who holds an underground mine foreman certificate and who wishes to participate in the surface mine foreman examination must have at least two years' surface mine experience.
History:
Laws 1933, ch. 153, § 40; 1941 Comp., § 67-803; 1953 Comp., § 63-8-3; Laws 1973, ch. 218, § 6; 2007, ch. 301, § 15; 2007, ch. 302, § 15.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, required an examination for certification as mine foreman and mine examiner; required applicants to submit an application thirty days prior to the examination date and to meet the experience requirements of this section; and specified the experience requirements for mine foreman certification.
Laws 2007, ch. 301, § 15 and Laws 2007, ch. 302, § 15, both effective June 15, 2007, enacted identical amendments to this section.
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 §§ 236, 237.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-3 - Qualifications for certain positions.

The mining safety board may, by rule, enact requirements, including requirements for applications, examinations and qualifications, for the certification of any mine personnel required to be qualified by state or federal law.
History:
Laws 1933, ch. 153, § 41; 1941 Comp., § 67-804; 1953 Comp., § 63-8-4; Laws 1973, ch. 36, § 2; 2007, ch. 301, § 16; 2007, ch. 302, § 16.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, authorized the mine safety board to enact rules for the certification of mine personnel.
Laws 2007, ch. 301, § 16 and Laws 2007, ch. 302, § 16, both effective June 15, 2007, enacted identical amendments to this section.
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 § 378.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-5 - Repealed.

History:
Laws 1933, ch. 153, § 43; 1941 Comp., § 67-806; 1953 Comp., § 63-8-6; 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 69-14-5 NMSA 1978, as enacted by Laws 1933, ch. 153, § 43, relating to foreman, charge of underground operations, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-6 - Repealed.

History:
Laws 1933, ch. 153, § 44; 1941 Comp., § 67-807; 1953 Comp., § 63-8-7; 1973, ch. 218, § 7; 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 69-14-6 NMSA 1978, as enacted by Laws 1933, ch. 153, § 44, relating to inside mine workings, employees and qualifications and hours of duty of foreman, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-7 - Repealed.

History:
Laws 1933, ch. 153, § 45; 1941 Comp., § 67-808; 1953 Comp., § 63-8-8; 1973, ch. 218, § 8; 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 69-14-7 NMSA 1978, as enacted by Laws 1933, ch. 153, § 45, relating to absence of foreman, temporary appointment and notice to inspector, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-8 - Repealed.

History:
Laws 1933, ch. 153, § 46; 1941 Comp., § 67-809; 1953 Comp., § 63-8-9; 1973, ch. 218, § 9; 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 69-14-8 NMSA 1978, as enacted by Laws 1933, ch. 153, § 46, relating to daily inspection of working places, safety measures, air measurements, gas inspection and reports, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-9 - Repealed.

History:
Laws 1933, ch. 153, § 47; 1941 Comp., § 67-810; 1953 Comp., § 63-8-10; 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 69-14-9 NMSA 1978, as enacted by Laws 1933, ch. 153, § 47, relating to removal of dangerous conditions, notices and barriers, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-10 - Repealed.

History:
Laws 1933, ch. 153, § 48; 1941 Comp., § 67-811; 1953 Comp., § 63-8-11; 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 69-14-10 NMSA 1978, as enacted by Laws 1933, ch. 153, § 48, relating to duties of assistant mine foreman, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-11 - Repealed.

History:
Laws 1933, ch. 153, § 49; 1941 Comp., § 67-812; 1953 Comp., § 63-8-12; 1973, ch. 218, § 10; 1977, ch. 43, § 1; 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 69-14-11 NMSA 1978, as enacted by Laws 1933, ch. 153, § 49, relating to mine examiners, inspection before entrance of shift and gassy mines, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-12 - Repealed.

History:
Laws 1933, ch. 153, § 50; 1941 Comp., § 67-813; 1953 Comp., § 63-8-13; 1973, ch. 218, § 11; 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 69-14-12 NMSA 1978, as enacted by Laws 1933, ch. 153, § 50, relating to dangerous places, warning marks and barriers, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-13 - Repealed.

History:
Laws 1933, ch. 153, § 51; 1941 Comp., § 67-814; 1953 Comp., § 63-8-14; 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 69-14-13 NMSA 1978, as enacted by Laws 1933, ch. 153, § 51, relating to record of dangerous conditions and knowledge of officials, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-14 - Repealed.

History:
Laws 1933, ch. 153, § 52; 1941 Comp., § 67-815; 1953 Comp., § 63-8-15; 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 69-14-14 NMSA 1978, as enacted by Laws 1933, ch. 153, § 52, relating to inspection of shot holes, direction and condemnation of shot holes, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-15 - Repealed.

History:
Laws 1933, ch. 153, § 53; 1941 Comp., § 67-816; 1953 Comp., § 63-8-16; 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 69-14-15 NMSA 1978, as enacted by Laws 1933, ch. 153, § 53, relating to lawful blasting, tests for gas and qualification of shotfirer as mine examiner, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-16 - Repealed.

History:
Laws 1933, ch. 153, § 54; 1941 Comp., § 67-817; 1953 Comp., § 63-8-17; 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 69-14-16 NMSA 1978, as enacted by Laws 1933, ch. 153, § 54, relating to qualifications of shotfirer, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-17 - Repealed.

History:
Laws 1933, ch. 153, § 55; 1941 Comp., § 67-818; 1953 Comp., § 63-8-18; 1973, ch. 218, § 12; 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 69-14-17 NMSA 1978, as enacted by Laws 1933, ch. 153, § 55, relating to mine foreman acting as examiner and shotfirer, 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 14 - Qualifications and Duties of Coal Mine Officials › Section 69-14-18 - Repealed.

History:
Laws 1882, ch. 57, § 9; C.L. 1884, § 1583; C.L. 1897, § 2347; Code 1915, § 3495; C.S. 1929, § 88-606; 1941 Comp., § 67-819; 1953 Comp., § 63-8-19; 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 69-14-18 NMSA 1978, as enacted by Laws 1882, ch. 57, § 9, relating to overseer negligence and penalty, 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 15 - Safety Regulations, Escapeways, Fire Control and Boiler Inspection in Coal Mines (Repealed.) › Section 69-15-1 to 69-15-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 69-15-1 to 69-15-16 NMSA 1978, as enacted by Laws 1887, ch. 57, § 10 and Laws 1933, ch. 153, §§ 60, 62, 63, 65 to 67, and 70, relating to safety regulations in coal mines, effective July 1, 1987. For present comparable provisions,
see
69-8-1 to 69-8-15 NMSA 1978.