reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 5 - Natural Lands Protection › Section 75-5-4 - Administration of the act.

A. The Natural Lands Protection Act shall be administered by the secretary of natural resources in consultation with a committee consisting of the secretary of natural resources, who shall serve as chairman of the committee, the director of the department of game and fish, the commissioner of public lands, the director of the New Mexico department of agriculture and three public members appointed by the governor, one of whom shall represent the ranching or farming industry.
B. The secretary of natural resources shall present a list of projects to the committee based on priorities generated by the natural resources department.
C. The committee shall recommend lands to be acquired under the provisions of the Natural Lands Protection Act and, subject to appropriation for such purpose by the legislature, pay the state's share of acquisitions. No land shall be acquired unless a corporation jointly acquires the land with the state. A corporation must participate in acquiring a minimum of at least ten percent undivided interest in the land or the state cannot participate in the acquisition. Title to lands acquired shall be held as cotenants having undivided interests in proportion to the state's and the corporation's share of the acquisition and shall be held in the name of the state of New Mexico and the corporation.
D. Priority among projects qualified under the Natural Lands Protection Act shall be determined in descending order as follows:
(1) the degree to which the lands in question are subject to the threat of immediate alteration or destruction;
(2) the degree to which ecosystems in question are unduplicated elsewhere; and
(3) usefulness for teaching and research.
History:
Laws 1987, ch. 192, § 4.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 5 - Natural Lands Protection › Section 75-5-5 - Management.

A. The purposes of management shall be for education, research and preservation, provided that no use of the lands acquired under the Natural Lands Protection Act shall compromise or endanger the natural attributes for which they were acquired.
B. The secretary of natural resources may assign responsibility for management of lands acquired under the Natural Lands Protection Act to the corporation which jointly owns the land.
C. The corporation shall be required to develop and submit to the secretary of natural resources for review a plan for the management of lands for which they are responsible. The secretary of natural resources, in consultation with the committee, will review these plans to insure compliance with the purposes of the Natural Lands Protection Act.
D. Lands adjacent to the land acquired under the Natural Lands Protection Act shall not be subjected to any regulation or restriction as a result of such acquisiton [acquisition].
E. Access to the land by the general public may be restricted to visits conducted under the direct supervision of an employee or designated representative of the managing corporation.
F. The corporation shall annually pay to the state and its political subdivisions a sum equal to an amount which would have been paid in taxes, levies and assessments. This payment shall be in lieu of such taxes, levies and assessments.
History:
Laws 1987, ch. 192, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 5 - Natural Lands Protection › Section 75-5-6 - Acquisition of lands.

No lands or rights of access will be acquired under the Natural Lands Protection Act through exercise of the state's power of eminent domain or any other condemnation process.
History:
Laws 1987, ch. 192, § 6.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 7 - Natural Resources Trustee › Section 75-7-1 - Short title.

Chapter 75, Article 7 NMSA 1978 may be cited as the "Natural Resources Trustee Act".
History:
Laws 1993, ch. 292, § 1; 2007, ch. 249, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changes the statutory reference to the act.
Law reviews.
— For article, "Natural Resources Damages under CERCLA: Failures, Lessons Learned, and Alternatives," see 38 N.M. L. Rev. 409 (2008).
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 7 - Natural Resources Trustee › Section 75-7-2 - Natural resources trustee; office of natural resources trustee.

A. The "natural resources trustee" is created. The trustee is appointed by and serves at the pleasure of the governor pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act and any other applicable federal law. The natural resources trustee shall act on behalf of the public as trustee of natural resources within the state or belonging to, managed by, controlled by or appertaining to the state, including protecting and representing the state's interest under applicable federal laws regarding injury to, destruction of or loss of natural resources in the state.
B. The "office of natural resources trustee" is created. The office shall be administratively attached to the department of environment. The administrative head of the office of natural resources trustee is the natural resources trustee. For purposes of this subsection, the term "administratively attached" means the same as specified in Section 9-1-7 NMSA 1978.
History:
Laws 1993, ch. 292, § 2; 2007, ch. 249, § 2.
ANNOTATIONS
Federal acts.
— The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is found at 42 U.S.C. § 9601 et seq. The federal Water Pollution Control Act is found at 33 U.S.C. § 1251 et seq.
The 2007 amendment,
effective June 15, 2007, clarifies the reference to the Superfund Amendments and Reauthorization Act as being to the federal act.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 7 - Natural Resources Trustee › Section 75-7-3 - Natural resources trustee powers and duties.

A. The natural resources trustee shall take all actions necessary to carry out the responsibilities of the natural resources trustee as provided in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the federal Water Pollution Control Act and any other applicable federal law, including the responsibility to:
(1) act on behalf of the public to protect New Mexico's natural resources by recovering damages for injury to, destruction of or loss of those resources;
(2) investigate injury to, destruction of or loss of natural resources;
(3) determine the amount and cause of injury to, destruction of or loss of natural resources;
(4) determine the liability of any person for injury to, destruction of or loss of natural resources;
(5) assess and collect damages for injury to, destruction of or loss of natural resources, including bringing legal actions and collecting the costs of assessing and collecting the damages; and
(6) expend money for the purposes set forth in the Natural Resources Trustee Act.
B. The natural resources trustee may:
(1) hire staff, in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978], to carry out the provisions of the Natural Resources Trustee Act;
(2) contract with economists, consultants and other experts; and
(3) accept gifts and grants to carry out the provisions of the Natural Resources Trustee Act. Gifts and grants accepted by the natural resources trustee shall be deposited in the natural resources trustee fund.
C. The attorney general shall provide legal counsel and representation to the natural resources trustee and the office of the natural resources trustee.
History:
Laws 1993, ch. 292, § 3; 2004, ch. 120, § 1.
ANNOTATIONS
Federal acts.
— The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is found at 42 U.S.C. § 9601 et seq. The federal Water Pollution Control Act is found at 33 U.S.C. § 1251 et seq.
The 2004 amendment,
effective May 19, 2004, amended Subsection A, Paragraph (6) to change "monies" to "money". A new Subsection D was line-item vetoed by the governor. It would have provided: "D. A person may appeal a decision of the natural resources trustee to the district court in the judicial district in which the damages or violations occurred." See 2004 note following Section 75-7-5 NMSA 1978 for appropriation. See also N.M. Const. art IV, § 22 for line-item veto power of the governor.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 7 - Natural Resources Trustee › Section 75-7-4 - Natural resources damage; liability; awards for damages.

Awards for damage to natural resources in the state shall consist of those amounts calculated in accordance with federal law, including:
A. the cost of restoration, replacement or acquisition of equivalent resources, plus compensation for the loss of use or enjoyment of the natural resources; and
B. compensation for the state's expenses in investigating, assessing and collecting damages and enforcing the state's rights.
History:
Laws 1993, ch. 292, § 4.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 8 - Wetlands Area Restoration › Section 75-8-2 - Conditions.

A. Any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley are contingent upon:
(1) the development of comprehensive plans to monitor all impacts of control activities and to restore native riparian vegetation throughout each project area;
(2) the provision of sufficient funds to undertake those restoration activities; and
(3) the approval of all control, restoration and monitoring plans by the New Mexico department of agriculture, the department of game and fish and the department of environment in consultation with the interstate stream commission.
B. In addition to the conditions set out in Subsection A of this section, any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley for projects on private lands are contingent upon the owners of those lands agreeing to a sixteen-year covenant running with the land providing for the management and continuity of all restored native riparian vegetation. The covenant shall be enforced by the energy, minerals and natural resources department.
History:
Laws 1994, ch. 118, § 1.
ANNOTATIONS
Cross references.
— For creation of energy, minerals and natural resources department, see 9-5A-3 NMSA 1978.
For divisions of energy, minerals and natural resources department, see 9-5A-4 NMSA 1978.
For creation of department of environment, see 9-7A-4 NMSA 1978.
For creation of department of game and fish, see 17-1-5 NMSA 1978.
For declarations of purpose on diminishing the impact of man-made depletions of the stream flow in the Pecos River area, see 72-1-2.2 NMSA 1978.
For interstate stream commission, see 74-14-1 to 74-14-44 NMSA 1978.
For creation of department of agriculture, see 76-1-1 NMSA 1978.
Compiler's notes.
— There is not a 75-8-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-1 - Short title.

Sections 1 through 6 [75-9-1 to 75-9-6 NMSA 1978] of this act may be cited as the "Land Conservation Incentives Act".
History:
Laws 2003, ch. 331, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
Law reviews.
— For student article, "Conservation Easements and Urban Parks: From Private to Public Use," see 51 Nat. Resources J. 357 (2011).
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-2 - Purpose.

The purpose of the Land Conservation Incentives Act is to encourage private landowners to be stewards of lands that are important habitat areas or contain significant natural, open space and historic resources by providing private landowners with incentives that encourage the protection of private lands for open space, natural resources, biodiversity conservation, outdoor recreation, farmland and forest land preservation, historic preservation and land conservation purposes.
History:
Laws 2003, ch. 331, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
Conservation of land is a charitable use
if conservation of the land provides a substantial benefit to the public and if the property is used directly, immediately, primarily, and substantially for conservation and the use of the property promotes the object or purpose of conservation.
Pecos River Open Spaces, Inc. v. County of San Miguel
, 2013-NMCA-029.
Conservation of land in its natural and undeveloped state generally benefits the public in the context of environmental preservation and beautification of the State of New Mexico.
Pecos River Open Spaces, Inc. v. County of San Miguel
, 2013-NMCA-029.
Conservation of land in its natural and undeveloped state is a charitable use.
— Where plaintiff, pursuant to its corporate purpose to acquire vacant, undeveloped, and unimproved land in the vicinity of the Pecos River, to preserve the land it its natural state, and thereby to contribute to the preservation of the environment and the ecology of the Pecos River for the benefit of New Mexico and its citizens, acquired a tract of vacant, undisturbed land located near the Pecos River; the land contained significant natural, open space, and historic resources; plaintiff granted a strict conservation easement on the property to another corporation which prevented, in perpetuity, the development of the land; defendant had a policy of conservation of the Pecos River; and the conservation of the land conferred a benefit on the public, the conservation of the land conferred a substantial public benefit and constituted a charitable purpose that qualified the land for tax exemption under Article VIII, Section 3 of the New Mexico constitution.
Pecos River Open Spaces, Inc. v. County of San Miguel
, 2013-NMCA-029.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-3 - Definitions.

As used in the Land Conservation Incentives Act:
A. "interest in real property" means a right in real property, including access, improvements, water rights, fee simple interest, easement and land use easement. The interest shall comply with the requirements of the Section 170(h) of the Internal Revenue Code of 1986, partial interest, mineral right, remainder or future interest or other interest or right in real property;
B. "land" means real property, including rights of way, easements, privileges and all other rights or interests of a land or description relating to or connected with real property; and
C. "public or private conservation agency" means a governmental body or a private not-for-profit charitable corporation or trust authorized to do business in New Mexico that is organized and operated for natural resources, land conservation or historic preservation purposes and that has tax-exempt status as a public charity under the federal Internal Revenue Code of 1986, and the power to acquire, hold or maintain land or interests in land.
History:
Laws 2003, ch. 331, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
Internal Revenue Code of 1986.
— The federal Internal Revenue Code of 1986 appears as Title 26 of the United States Code. Section 170(h) of that Code appears as 26 USC § 170(h).
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-4 - Administration.

A. The Land Conservation Incentives Act shall be administered by the secretary of energy, minerals and natural resources in consultation with the committee established pursuant to the Natural Lands Protection Act [75-5-1 to 75-5-6 NMSA 1978].
B. The secretary of energy, minerals and natural resources may promulgate rules as may be deemed necessary to certify eligible projects for treatment in fulfillment of the purposes of this act. The secretary of taxation and revenue, in consultation with the secretary of energy, minerals and natural resources, shall promulgate rules as may be deemed necessary to administer the tax incentives provided for in the Land Conservation Incentives Act and shall coordinate the preparation of the report to the legislature showing the fiscal impact on the treasury of the credits claimed pursuant to that act.
History:
Laws 2003, ch. 331, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-5 - Applicability and limitations.

A. The tax credits provided by the Land Conservation Incentives Act apply to transfers of land or interests therein in taxable years beginning on or after January 1, 2004 and all taxable years thereafter.
B. A taxpayer claiming a tax credit pursuant to the Land Conservation Incentives Act may not claim a credit pursuant to a similar law for costs related to the same project.
C. A tax credit that is claimed pursuant to the Land Conservation Incentives Act from the donation of land or an interest in land made by a pass-through tax entity, such as a trust, estate, partnership, limited liability corporation or partnership, limited partnership, S corporation or other fiduciary, shall be used either by an entity in the event it is the taxpayer on behalf of the entity or by the member, manager, partner, shareholder or beneficiary, as the case may be, in proportion to his interest in the entity in the event that income, deductions and tax liability pass through the entity to the member, manager, partner, shareholder or beneficiary. Tax credits may not be claimed by both the entity and the member, manager, partner, shareholder or beneficiary for the same donation.
History:
Laws 2003, ch. 331, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 9 - Land Conservation Incentives › Section 75-9-6 - Interpretation.

No part or segment of the Land Conservation Incentives Act shall be interpreted to alter or amend permit requirements, reporting requirements, allocation procedures or other requirements as set forth in any other provision of state law.
History:
Laws 2003, ch. 331, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-1 - Short title.

This act [75-10-1 to 75-10-9 NMSA 1978] may be cited as the "Natural Heritage Conservation Act".
History:
Laws 2010, ch. 83, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-2 - Purpose.

The purpose of the Natural Heritage Conservation Act is to protect the state's natural heritage, customs and culture by funding conservation and agricultural easements and by funding land restoration to protect the land and water available for forests and watersheds, natural areas, wildlife and wildlife habitat, agricultural production on working farms and ranches, outdoor recreation and trails and land and habitat restoration and management.
History:
Laws 2010, ch. 83, § 2.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-3 - Definitions.

As used in the Natural Heritage Conservation Act:
A. "committee" means the natural lands protection committee;
B. "conservation entity" means a private nonprofit charitable corporation or trust authorized to do business in New Mexico that has tax-exempt status as a public charity pursuant to the federal Internal Revenue Code of 1986 and that has the power to acquire, hold or maintain land or interests in land;
C. "conservation project" means the acquisition of conservation or agricultural easements from a willing seller or a land restoration project;
D. "department" means the energy, minerals and natural resources department;
E. "fund" means the natural heritage conservation fund; and
F. "qualified entity" means a state agency, a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, a political subdivision of the state or, for conservation projects wholly within New Mexico, an Indian tribe or pueblo.
History:
Laws 2010, ch. 83, § 3.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-4 - Department; powers and duties.

A. The department may:
(1) after consultation with landowners, conservationists and other interested persons, adopt and promulgate rules to carry out the provisions of the Natural Heritage Conservation Act;
(2) enter into contracts;
(3) enter into joint powers agreements pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] to carry out the provisions of the Natural Heritage Conservation Act;
(4) make grants to qualified entities for conservation projects;
(5) apply for and receive in the name of the department, any public or private funds available to the department to carry out the purposes of the Natural Heritage Conservation Act;
(6) acquire conservation or agricultural easements by itself or with a conservation entity or qualified entity; and
(7) do all other things necessary or appropriate to carry out the provisions of the Natural Heritage Conservation Act.
B. The department shall:
(1) establish a competitive application process for grants from the fund; and
(2) establish criteria and priorities for funding conservation projects.
History:
Laws 2010, ch. 83, § 4.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-5 - Fund created; purpose; expenditures.

The "natural heritage conservation fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, bequests, income from investment of the fund and any other money credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to fund conservation projects. Expenditures from the fund shall be by warrants of the secretary of finance and administration upon vouchers signed by the secretary or the secretary's authorized representative.
History:
Laws 2010, ch. 83, § 5.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-6 - Conservation projects; procedures.

A. All conservation projects shall be maintained to protect the public health and welfare and shall be for:
(1) preserving and conserving water quality and quantity;
(2) protecting agricultural production on working farms, ranches and other agricultural lands;
(3) protecting and restoring New Mexico's forests and watersheds;
(4) conserving wildlife habitat;
(5) maintaining natural areas;
(6) providing outdoor recreation opportunities, including hunting and fishing; or
(7) preserving cultural and historic sites with natural resource heritage value.
B. The department, working with the committee, landowners, conservationists and other interested persons, shall establish criteria for evaluating possible conservation projects. Criteria shall include:
(1) the degree to which the conservation project serves the purposes of the Natural Heritage Conservation Act;
(2) the amount of matching financial support for the conservation project from sources other than the state;
(3) the technical qualifications of the applicant and its ability to complete and maintain the proposed conservation project;
(4) the degree to which the conservation project fosters and integrates with existing conservation plans, strategies and initiatives;
(5) the potential for benefits at landscape and ecosystem scale;
(6) the potential for improved public access for outdoor recreation opportunities, including hunting and fishing;
(7) the potential for economic benefits of the completed conservation project; and
(8) other measurements and requirements required by the department and the committee.
C. The committee shall receive applications for conservation projects and shall evaluate them against the department's criteria. The committee may reject any incomplete applications or applications that do not meet the established criteria. After review, the committee shall make its recommendations on all evaluated conservation projects to the department.
History:
Laws 2010, ch. 83, § 6.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 83, § 6 contained a Subsection D, which provided that "The department shall make recommendations to the legislature from the committee's recommendation for approval.", but was line-item vetoed.
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-7 - Conservation projects; public-private projects.

A. The department may acquire conservation or agricultural easements and hold them in the name of the state.
B. When approving a conservation project that is the acquisition of a conservation or agricultural easement by a conservation entity, the department shall require the conservation entity to:
(1) acquire no less than ten percent of the easement, and title to the easement shall be held by the conservation entity and a qualified entity as cotenants having undivided interests in proportion to each one's share of the acquisition; and
(2) submit a plan for the management of lands for which the conservation entity and the qualified entity are responsible. The department, in consultation with the committee, shall review the plan to ensure compliance with the purposes of the Natural Heritage Conservation Act.
C. When approving a conservation project that is for land restoration by a conservation entity, the department shall require that the conservation entity provide at least ten percent of the cost of the conservation project.
History:
Laws 2010, ch. 83, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-8 - Conservation projects; limitations.

The department may acquire or receive by gift or bequest conservation or agricultural easement interests in real property to advance the purposes of the Natural Heritage Conservation Act. No easement interests, water rights or other rights of access shall be acquired pursuant to the Natural Heritage Conservation Act through exercise of the state's power of eminent domain or any other condemnation process. Land adjacent to any land subject to a conservation or agricultural easement that was acquired pursuant to the Natural Heritage Conservation Act shall not be subjected to any rules or restrictions as a result of such easement acquisition.
History:
Laws 2010, ch. 83, § 8.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 10 - Natural Heritage Conservation › Section 75-10-9 - Annual report to the governor and the legislature.

The department and the committee shall report annually to the governor and the legislature on the status of applications and funded conservation projects.
History:
Laws 2010, ch. 83, § 9.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 11 - Carlsbad Brine Well Remediation Authority › Section 75-11-2 - Carlsbad brine well remediation fund; created; purpose; conditions. (Repealed effective July 1, 2026.)

A. The "Carlsbad brine well remediation fund" is created in the state treasury. The energy, minerals and natural resources department shall administer the fund. The fund shall be used by the Carlsbad brine well remediation authority to the extent that revenues are available to remediate the Carlsbad brine well or to acquire property adjacent to the Carlsbad brine well as required for its remediation.
B. Money in the fund may consist of federal grants, appropriations, donations, earnings from investment of the fund and other revenue that from time to time may accrue to the fund from other sources for remediation of the Carlsbad brine well.
C. Money in the fund shall be subject to appropriation by the legislature and shall not revert at the end of any fiscal year.
D. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
History:
Laws 2017, ch. 11, § 2; 2017, ch. 118, § 2; 2018, ch. 26, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
75-11-3 NMSA 1978.
The 2018 amendment,
effective February 28, 2018, authorized the Carlsbad brine well remediation authority to use funds from the Carlsbad brine well remediation fund to remediate the Carlsbad brine well or to acquire property adjacent to the Carlsbad brine well for its remediation; in Subsection A, deleted "There is created", after "remediation fund'", added "is created in the state treasury", after "shall be used by the", deleted "oil conservation division of the energy, minerals and natural resources department" and added "Carlsbad brine well remediation authority", and after "remediate the Carlsbad brine well", added "or to acquire property adjacent to the Carlsbad brine well as required for its remediation".
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 11 - Carlsbad Brine Well Remediation Authority › Section 75-11-3 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)

The Carlsbad brine well remediation authority is terminated on July 1, 2025 pursuant to the Sunset Act [12-9-11 through 12-9-21 NMSA 1978]. The authority shall continue to operate according to the provisions of Sections 75-11-1 and 75-11-2 NMSA 1978 until July 1, 2026. Effective July 1, 2026, Sections 75-11-1 and 75-11-2 NMSA 1978 are repealed.
History:
Laws 2017, ch. 11, § 3; 2017, ch. 118, § 3; 2018, ch. 26, § 3.
ANNOTATIONS
The 2018 amendment,
effective February 28, 2018, changed the termination, operation and repeal dates for the Carlsbad brine well remediation authority; in the first sentence, after "remediation", deleted "advisory", and after "July 1", changed "2029" to "2025"; in the second sentence, deleted "advisory", changed "this act" to "Sections 75-11-1 and 75-11-2 NMSA 1978", and after "July 1", changed "2030" to "2026"; and in the third sentence, after "July 1", changed "2030" to "2026", and changed "this act is" to "Sections 75-11-1 and 75-11-2 NMSA 1978 are".
2023 New Mexico Statutes › Chapter 75 - Miscellaneous Natural Resource Matters › Article 12 - Legacy Funds › Section 75-12-1 - Conservation legacy permanent fund; created; investment; distribution.

A. The "conservation legacy permanent fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. Money in the fund shall be invested by the state investment officer with the same risk and return profile as land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978. Earnings from investment of the fund shall be credited to the fund. Money in the fund shall be expended only as provided by this section.
B. If, on July 1 of each year, the conservation legacy permanent fund exceeds one hundred fifty million dollars ($150,000,000) and the investment income to the fund for the previous fiscal year exceeded five million dollars ($5,000,000), any investment income to the fund from the previous fiscal year in excess of five million dollars ($5,000,000) shall be distributed to the land of enchantment legacy fund.
History:
Laws 2023, ch. 26, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 1 - Department of Agriculture › Section 76-1-1 - Creation of the New Mexico department of agriculture under the control of the board of regents of New Mexico state university.

The New Mexico department of agriculture is created under the control of the board of regents of New Mexico state university.
History:
1953 Comp., § 45-26-1, enacted by Laws 1974, ch. 35, § 1.
ANNOTATIONS
Cross references.
— For department of agriculture being under control of board of regents,
see
N.M. Const., art. XV, § 1.
Temporary provisions.
— Laws 2001, ch. 23, § 1 and Laws 2001, ch. 36, § 1, effective June 15, 2001, provided for the transfer of all assets and obligations of the New Mexico apple commission to the New Mexico department of agriculture following the repeal of the New Mexico Apple Commission Act, Chapter 76, Article 23 NMSA 1978. The use of such assets shall be used to promote New Mexico apples.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 20.
Constitutionality and construction of state farm aid laws, 92 A.L.R. 768.
3 C.J.S. Agriculture § 15.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 1 - Department of Agriculture › Section 76-1-3 - Director of New Mexico department of agriculture; salary; duties.

In order to execute its functions, the board of regents of New Mexico state university shall appoint and fix the salary of a full-time director of the New Mexico department of agriculture. The director shall administer, execute and implement the directives and policy decisions of the said board of regents and its agents and shall serve as a representative of agriculture on the executive cabinet, as provided in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. The director shall serve at the pleasure of the said board of regents.
History:
1953 Comp., § 45-26-3, enacted by Laws 1974, ch. 35, § 3; 1977, ch. 256, § 2.
ANNOTATIONS
Cross references.
— For duties under Cotton District Act,
see
76-18-4 NMSA 1978.
For duties and powers concerning weights and measures,
see
57-17-7 and 57-17-8 NMSA 1978.
Severability.
— Laws 1974, ch. 35, § 4, 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. —
3 C.J.S. Agriculture § 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 1 - Department of Agriculture › Section 76-1-4 - Agricultural building repair and maintenance fund; agricultural facilities.

The board of regents of New Mexico state university shall establish an "agricultural building repair and maintenance fund" to provide for repairs and maintenance at the agricultural experiment stations, agriculture science centers and other agriculture-related facilities of the university or the New Mexico department of agriculture that are located off-campus or outside the boundaries used for expenditures from other university building repair and maintenance funds. Money appropriated to the agricultural building repair and maintenance fund shall not be used for any other purpose.
History:
Laws 2004, ch. 6, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 1 - Department of Agriculture › Section 76-1-5 - Veterinary student interns.

The New Mexico department of agriculture may enter into agreements with schools of veterinary medicine in other states to allow students to intern with New Mexico veterinary clinics and practices as part of the students' degree program. The department shall coordinate the program with New Mexico veterinarians and shall encourage veterinarians to participate in the program.
History:
Laws 2019, ch. 257, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-1 - [Matching federal allotment to state.]

That for the maintenance of the cooperative agricultural extension work provided for in the act of congress entitled: "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July second, one thousand eight hundred and sixty-two, and all acts supplementary thereto, and the United States department of agriculture," approved May 8, 1914, there is hereby permanently appropriated out of any money in the state treasury, except interest upon the public debt, the sum of one dollar [($1.00)] for each dollar allotted annually by the secretary of agriculture as provided in said act of congress to the state of New Mexico above the sum of ten thousand dollars [($10,000)] regularly appropriated to each state which shall by action of its legislature assent to the provisions of said act, the said appropriation not to exceed the sum of thirty-four hundred dollars [($3,400)] for the fiscal year ending June 30, 1916, and for each year thereafter for seven years, a sum exceeding, by not more than three thousand dollars [($3,000)], the sum appropriated for each preceding year, after which time the said appropriation shall continue annually in accordance with the provisions of said act of congress, such appropriations being required by said act of congress, in order that the state may obtain the benefit of the said annual allotments of money by the secretary of agriculture over and above the said sum of ten thousand dollars [($10,000)].
History:
Laws 1915, ch. 29, § 1; 1941 Comp., § 48-101; 1953 Comp., § 45-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The specific appropriations in this section may be affected by Laws 1917, ch. 109, § 4, which provided: "The appropriations herein made or heretofore made by any legislature of this state, except as to unexpended portions carried forward, shall cease and determine on and after December 1, 1919." Appropriations were made each year for the purpose of the work required by this section, until the year 1937, when the designation in the appropriation act was changed to refer to § 130-1010, C.S. 1929. This practice was discontinued in 1949. Subsequent appropriation acts appropriated a lump sum for extension work and research activities.
Cross references
— For the act of congress of July 2, 1862, commonly known as the "Morrill Land-Grant Act,"
see
7 U.S.C. §§ 301 to 305, 307 and 308.
For the act of congress of May 8, 1914,
see
7 U.S.C. §§ 341 to 343, 344 to 346, 347a, 348 and 349.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 22.
3 C.J.S. Agriculture § 57.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-2 - Disposition of state and federal money.

The money by this act [76-2-1, 76-2-2 NMSA 1978] appropriated shall be paid to the treasurer of the board of regents of New Mexico state university upon the warrant of the secretary of finance and administration to be drawn on the request, in writing, of said board and the said treasurer of said board is hereby authorized to receive the moneys payable under the provisions of Section 4 of the said act of congress by the secretary of the treasury upon the warrant of the United States secretary of agriculture, out of the treasury of the United States.
History:
Laws 1915, ch. 29, § 2; 1941 Comp., § 48-102; 1953 Comp., § 45-1-2; Laws 1977, ch. 247, § 152.
ANNOTATIONS
Cross references.
— For county agricultural and home economics extension fund,
see
76-2-4 NMSA 1978.
For disposition of state and county appropriations,
see
76-2-6 NMSA 1978.
For the act of congress referred to in this section, the act of congress of May 8, 1914, Section 4,
see
7 U.S.C. § 344.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 24.
3 C.J.S. Agriculture § 10.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-3 - [Assent to act of congress.]

That pursuant to and in accordance with the provisions of the act of congress entitled, "An act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled, 'An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862, and all acts supplementary thereto, and the United States department of agriculture," approved May 22, 1928, and commonly known as the "Capper-Ketcham Act," the assent of the legislature of the state of New Mexico shall be and hereby is given to the provisions and requirements of said act, and the regents of the agricultural college of New Mexico [New Mexico state university] are hereby authorized and empowered to receive the grants of money appropriated under said act, and to organize and conduct agricultural extension work which shall be carried on by and in connection with said agricultural college, and to direct the expenditure of such grants of money appropriated under the aforesaid act, in accordance with the terms and conditions as expressed in said act.
History:
Laws 1929, ch. 115, § 1; C.S. 1929, § 130-1010; 1941 Comp., § 48-103; 1953 Comp., § 45-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the agricultural college of New Mexico, i.e., the New Mexico college of agriculture and mechanic arts, was changed to New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Cross references.
— For the act of congress of July 2, 1862, commonly known as the "Morrill Land-Grant Act,"
see
7 U.S.C. §§ 301 to 305, 307 and 308.
The act of May 22, 1928, was repealed by act of June 26, 1953, ch. 157. For present law,
see
7 U.S.C. §§ 390 to 390j.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-4 - Cooperative agricultural extension.

For the purpose of extending cooperative agricultural extension work provided for by the act of congress, entitled "An act to provide for cooperative agricultural extension work between agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and all acts supplemental thereto, and the United States department of agriculture," approved May 8, 1914, in any county employing a county agent under the terms of said acts, the board of county commissioners is authorized, upon petition of at least one hundred bona fide taxpayers within the county, to provide and appropriate such funds as are necessary for maintenance of cooperative extension work in agriculture and home economics within the county.
History:
Laws 1917 (S.S.), ch. 1, § 1; 1941 Comp., § 48-104; 1953 Comp., § 45-1-4; Laws 1973, ch. 4, § 15; 1973, ch. 258, § 144.
ANNOTATIONS
Compiler's notes.
— Laws 1973, ch. 4, § 20, provided that any balance remaining in an agricultural extension fund (county agricultural agent fund) as of June 30, 1973, be transferred to the county general fund.
Cross references.
— For the act of congress of July 2, 1862, commonly known as the "Morrill Land-Grant Act,"
see
7 U.S.C. §§ 301 to 305, 307 and 308.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 22.
3 C.J.S. Agriculture § 59.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-5 - Matching county appropriations.

For each dollar so provided by said county there is hereby appropriated the sum of one dollar ($1.00) to be paid out of any funds in the state treasury except money set aside for the payment of interest or sinking fund on the public debt, and the secretary of finance and administration is hereby authorized and directed to draw his warrant for the payment of moneys so allotted to any such county upon the certificate of the board of county commissioners of such county, countersigned by the extension director of New Mexico state university, certifying that a stated amount of money has been so provided by said county and that an agreement has been entered into between such county and said college for such cooperative extension work; provided, however, that in no case shall the total amount so allotted to any one county by the state exceed the sum of two thousand dollars ($2,000) during any one year.
History:
Laws 1917 (S.S.), ch. 1, § 2; 1941 Comp., § 48-105; 1953 Comp., § 45-1-5; Laws 1977, ch. 247, § 153.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 22.
3 C.J.S. Agriculture § 57.