reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-33 - Tree planting advisory committee created; purpose of committee; composition.

A. The state forester shall appoint a tree planting advisory committee. The committee shall meet at least twice a year to review the division's tree planting programs. The committee shall seek public input on the division's programs and may recommend to the division and the state forester how best to achieve the purposes of the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] and the conservation planting revolving fund.
B. The committee shall include at least one member from the soil and water conservation commission, one member from the state association of soil and water conservation districts, two members from nonprofit environmental organizations dedicated primarily to protecting the environment and two members from the New Mexico association of nursery industries. Other committee members may include representatives from the state department of public education, state universities, the commission on higher education, the local government division of the department of finance and administration and other persons whom the state forester determines will assist the committee in performing its functions.
C. A majority of the members of the committee constitutes a quorum for the transaction of business. The committee shall elect a chairman from among its membership.
D. Staff for the committee shall be provided by the division.
History:
Laws 1990, ch. 96, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 1990 (1st SS), ch. 6, § 8 repealed Laws 1990, ch. 96, § 7 which provided a contingent effective date for Sections 1 to 5 of the act.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-1 - Short title.

Sections 1 through 6 [68-4-1 to 68-4-6 NMSA 1978] of this act may be cited as the "Forest and Watershed Restoration Act".
History:
Laws 2019, ch. 62, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-2 - Definitions.

As used in the Forest and Watershed Restoration Act:
A. "board" means the forest and watershed advisory board;
B. "division" means the forestry division of the energy, minerals and natural resources department;
C. "project" means a large-scale forest and watershed restoration project on any lands in the state that increases the adaptability and resilience to recurring drought and extreme weather events of the state's forests and watersheds; protects water sources; reduces the risk of wildfire, including plans for watershed conservation; restores burned areas or thins forests; and includes a related economic or workforce development project or a wildlife conservation or habitat improvement project; and
D. "sponsor" means a federal, state or local government agency, tribal entity, corporation or organization that applies for a project or is conducting a project in conjunction with the division.
History:
Laws 2019, ch. 62, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-3 - Forest and watershed advisory board created; membership; appointments; terms; compensation.

A. The "forest and watershed advisory board" is created and is administratively attached to the energy, minerals and natural resources department. The board consists of the following members:
(1) the New Mexico state forester;
(2) the state engineer or the state engineer's designee;
(3) the commissioner of public lands or the commissioner's designee;
(4) the secretary of economic development or the secretary's designee;
(5) the secretary of environment or the secretary's designee;
(6) the director of the department of game and fish or the director's designee;
(7) the state fire marshal or the fire marshal's designee; and
(8) three public members appointed by the governor from a list of nominees submitted to the governor jointly by the president pro tempore of the senate and the speaker of the house of representatives:
(a) one of whom shall be a representative of the forest products industry;
(b) one of whom shall be a representative of local government interests, such as a member of New Mexico counties or the soil and water conservation commission; and
(c) one of whom shall be a representative of an academic or nonprofit conservation organization with a focus on ecological restoration science.
B. Public members of the board shall serve until their successors have been appointed.
C. A majority of the members of the board constitutes a quorum for transaction of business. The board shall elect a chair from among its members.
D. Members of the board are entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2019, ch. 62, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-4 - Board; division; powers and duties.

A. The board shall:
(1) recommend guidelines, protocols and best management practices for projects;
(2) foster partnerships and cooperation among federal, state and county agencies, tribal entities, political subdivisions of the state, soil and water conservation districts, the forest products industry and other public or private organizations dedicated to forest and watershed conservation and restoration programs or projects or wildlife conservation or habitat improvement programs or projects for the purpose of co-funding or leveraging funding for priority projects; and
(3) evaluate and recommend projects to the division for funding.
B. The division may:
(1) seek and accept all public and private funds and gifts, devises, grants and donations from others to carry out the provisions of the Forest and Watershed Restoration Act;
(2) beginning July 1, 2019, provide partial or full funding for approved projects and facilitate and coordinate funding from multiple sources for projects, when appropriate; and
(3) adopt rules to carry out the purposes of the Forest and Watershed Restoration Act.
History:
Laws 2019, ch. 62, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-5 - Use of forest and watershed restoration fund; project evaluation and prioritization.

A. Money in the forest land protection revolving fund may be used to administer and carry out the purposes of the Forest and Watershed Restoration Act and to fund projects authorized by the division on any lands in the state for:
(1) on-the-ground restoration treatments;
(2) project planning;
(3) economic development programs to advance the use of small-diameter trees and wood biomass removed for hazardous fuel reduction and forest and watershed restoration; or
(4) workforce development for wood utilization projects.
B. A project is eligible for funding if the project is for a public benefit and:
(1) is part of a current state forest and watershed health plan or forest action plan, a community wildfire protection plan, other comprehensive forest and watershed treatment plan or wildlife conservation or habitat improvement plan approved by the board;
(2) incorporates actions recommended by current plans or, where new plans are developed, seeks to integrate forest, fire and water management with community and economic development plans;
(3) protects watersheds that are the source of drinking or irrigation water;
(4) targets an area at high risk of catastrophic wildfire; or
(5) has obtained all requisite state and federal permits and authorizations necessary to initiate the project, if the project is other than a planning project.
C. A project that is eligible for funding in accordance with Subsection B of this section shall be given priority for funding by the division if the project:
(1) leverages federal, state, local, tribal or private sources and, if available, support from other public or private water, forest, fire, wildlife habitat or economic development programs;
(2) is in an area:
(a) with a wood supply that can be used as biomass for energy production;
(b) where small-diameter trees may be put to commercial use; or
(c) where traditional forest products may be produced;
(3) is clustered around priority areas that are able to supply a useful amount of wood products for industry; or
(4) creates incentives to increase investment by federal, state, local, tribal or private entities, including investment by downstream water users to manage forested headwaters and water sources.
D. Beginning July 1, 2019, sponsors may apply to the division for project funding.
History:
Laws 2019, ch. 62, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 4 - Forest and Watershed Restoration › Section 68-4-6 - Report by division.

At least forty-five days prior to each legislative session, the division shall submit a report concerning its activities, the projects implemented and any recommended legislation to the governor and the legislature.
History:
Laws 2019, ch. 62, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-1 - Short title.

Sections 1 through 8 [68-5-1 to 68-5-8 NMSA 1978] of this act may be cited as the "Prescribed Burning Act".
History:
Laws 2021, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-2 - Definitions.

As used in the Prescribed Burning Act:
A. "certified prescribed burn manager" means a person certified pursuant to the prescribed burn manager certification program;
B. "department" means the energy, minerals and natural resources department;
C. "division" means the forestry division of the department;
D. "extension service" means the New Mexico state university cooperative extension service;
E. "pile burning" means the burning of vegetation, usually sticks, limbs or boles of trees and brush, resulting from land management activities, that have been stacked in piles, but does not mean the burning of a single or few small piles of yard waste or pruning debris on an individual's property; and
F. "prescribed burn" means the controlled application of fire to existing vegetative fuels through pile burning or the burning of vegetation over predefined areas under appropriate weather and environmental conditions for purposes of community protection, watershed resilience, silviculture, wildland fire hazard reduction, fuels reduction, rangeland improvement, wildlife management, habitat improvement, invasive species management and ecological maintenance or restoration, but does not include agricultural burning to clear fields of stubble or slash or to manage invasive species impacting crop production, as part of orchard management or to clear irrigation ditches of vegetation and debris in order to improve or restore efficient water flow and delivery.
History:
Laws 2021, ch. 13, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-3 - Prescribed burn use.

A. Prescribed burning is considered in the public interest and not a public or private nuisance.
B. Except as limited in Subsection C of this section, a private landowner or a private landowner's agent, contractor or legally authorized designee shall have a right to conduct a prescribed burn on the landowner's property, except when the state forester or a county or municipality issues restrictions prohibiting a prescribed burn because of drought or wind conditions; provided that the prescribed burn is conducted with appropriate precautionary measures, including: the use of sufficient personnel and equipment; the prior notification of local fire officials; burn and contingency planning; and the use of appropriate prescribed burn techniques that cause the fire to be confined to a predetermined area.
C. A prescribed burn shall not be started when the national weather service has issued a red flag warning for the area where the prescribed burn is planned to take place.
History:
Laws 2021, ch. 13, § 3; 2023, ch. 88, § 1.
ANNOTATIONS
The 2023 amendment,
effective April 4, 2023, prohibited the use of prescribed burning during a red flag warning; in Subsection B, added "Except as limited in Subsection C of this section", and after "drought", added "or wind"; and added Subsection C.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-4 - Civil liability.

A. A private landowner or a private landowner's agent, contractor or legally authorized designee who is a certified prescribed burn manager and who conducts a prescribed burn is liable for any damages to property or for personal injury caused by the prescribed burn, including the reignition of a previously contained prescribed burn, if that person was negligent in starting, controlling or extinguishing the prescribed burn.
B. A private landowner or a private landowner's agent, contractor or legally authorized designee who is not a certified prescribed burn manager and who conducts a prescribed burn is liable for double damages to property or for personal injury caused by the prescribed burn, including the reignition of a previously contained prescribed burn, if that private landowner or that private landowner's agent, contractor or legally authorized designee was negligent in starting, controlling or extinguishing the prescribed burn.
History:
Laws 2021, ch. 13, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-5 - Model prescribed burn permits.

The department shall promulgate rules establishing a model prescribed burn permit for use by counties or municipalities. The rules shall provide for required terms and conditions of a prescribed burn permit, including:
A. common terminology and definitions;
B. standards for data collection regarding the ownership of land, fuels used, size of the prescribed burn, location of the prescribed burn and entity conducting the prescribed burn;
C. the types of prescribed burning authorized by the permit;
D. procedures to coordinate with the requirements of the department of environment's smoke management program;
E. requirements for the distance of the prescribed burn from structures, buildings and fences;
F. the number of acres and estimated number of burn piles authorized under the permit;
G. requirements for notification of the public and of appropriate personnel, such as fire dispatch personnel, fire department personnel and county or municipal fire marshals, prior to and upon ignition and termination of the prescribed burn;
H. procedures to permit prescribed burns that cross jurisdictions; and
I. procedures to aggregate permit data and report annually on the effectiveness of the model prescribed burn permit.
History:
Laws 2021, ch. 13, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-6 - Criteria for counties or municipalities issuing prescribed burn permits.

A county or municipality may adopt an ordinance to require a private landowner to obtain a permit to conduct a prescribed burn. A county or municipality that requires landowners to obtain a permit to conduct a prescribed burn shall use the model prescribed burn permit adopted by the department.
History:
Laws 2021, ch. 13, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-7 - Prescribed burn manager certification.

A. The division shall create a prescribed burn manager certification program accessible to private landowners and private landowners' agents, contractors or legally authorized designees who conduct prescribed burns. The certification program shall include training, which shall be provided by the extension service, on all relevant aspects of prescribed burn, including legal requirements, safety, weather, fire behavior, smoke management, prescribed burn techniques, public relations, planning and contingencies.
B. The department shall adopt rules to create the prescribed burn manager certification program, including the training and certification of certified prescribed burn managers; training components and engagement of subject matter experts; application processes; qualification for and terms and durations of certification; types of certification, if applicable; oversight of the program; grounds and processes for renewal, suspension and revocation of certifications; and application, certification and renewal fees.
C. The department, by rule, may establish a fee at an amount not to exceed the amount required to recover costs that the division incurs in providing certification and processing applications for persons seeking certification as certified prescribed burn managers pursuant to this section. All proceeds from that fee shall be deposited in the forest land protection revolving fund.
D. Nothing in this section may be construed as creating a mandatory prescribed burn manager certification requirement to conduct prescribed burning.
History:
Laws 2021, ch. 13, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 5 - Prescribed Burning › Section 68-5-8 - Prescribed burn training.

The extension service shall provide the training required for prescribed burn manager certification as specified in rules adopted by the department. The extension service may collect fees for providing the training. The fees shall not exceed the amount required to recover costs that the extension service incurs in providing the training.
History:
Laws 2021, ch. 13, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 1 - Creation of Bureaus Relating to Geology and Mines › Section 69-1-1 - Bureau of geology and mineral resources; creation; director.

A. There is established a "bureau of geology and mineral resources" of the state that is a division of the New Mexico institute of mining and technology and under the direction of its board of regents. The board shall appoint, as a director, a suitable person to be known as the director of the bureau of geology and mineral resources and, upon his nomination, such assistants and employees as the board deems necessary. The board may also determine the compensation of all persons employed by the bureau of geology and mineral resources, including the director, and may remove them in accordance with established personnel procedures.
B. The director of the bureau of geology and mineral resources shall be known as the state geologist.
History:
Laws 1927, ch. 115, § 1; C.S. 1929, § 88-501; 1941 Comp., § 67-101; 1953 Comp., § 63-1-1; Laws 1989, ch. 17, § 1; 2001, ch. 246, § 3.
ANNOTATIONS
Cross references.
— For the New Mexico institute of mining and technology,
see
21-11-1 NMSA 1978 et seq.
The 2001 amendment,
effective June 15, 2001, substituted "bureau of geology" for "bureau of mines" throughout the section; in Subsection A, substituted "division" for "department", and substituted "in accordance with established personnel procedures" for "at will".
The 1989 amendment,
effective June 16, 1989, designated the formerly undesignated provisions as Subsection A, while substituting "institute of mining and technology" for "School of Mines" in the first sentence and making minor stylistic changes throughout the subsection, and added Subsection B.
Law reviews.
— For article, "Turgot's Brief on Mines and Quarries: An Early Economic Analysis of Mineral Land Tenure," see 25 Nat. Resources J. 267 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 255, 256, 257.
58 C.J.S. Mines and Minerals § 11.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 1 - Creation of Bureaus Relating to Geology and Mines › Section 69-1-3 to 69-1-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 68, § 4, repealed 69-1-3 to 69-1-5 NMSA 1978, relating to the bureau of geology and the bureau of mine inspection. For present provisions,
see
9-5A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 1 - Creation of Bureaus Relating to Geology and Mines › Section 69-1-6 - State mine inspector duties; status.

A. The state mine inspector is assigned to the New Mexico institute of mining and technology.
B. The board of regents of the New Mexico institute of mining and technology and the mining safety board may recommend the names of qualified individuals to the governor for appointment as the state mine inspector.
C. In addition to those duties assigned to the state mine inspector by the board of regents of the New Mexico institute of mining and technology, by the mining safety board and by statute, the state mine inspector shall cooperate with the director of the mining and minerals division of the energy, minerals and natural resources department to assist the director in the performance of the director's duties.
History:
1978 Comp., § 69-1-6, enacted by Laws 1979, ch. 68, § 3; 1987, ch. 234, § 48; 1989, ch. 193, § 1; 2007, ch. 301, § 1; 2007, ch. 302, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1979, ch. 68, § 3, repealed former 69-1-6 NMSA 1978, relating to the designation of the chief of the bureau of mine inspection as the state mine inspector, and enacted a new 69-1-6 NMSA 1978.
Cross references.
— For the duties of the state mine inspector,
see
69-5-7 NMSA 1978.
The 2007 amendment,
effective June 20, 2007, added the references to the mining safety board.
Laws 2007, ch. 301, § 1 and Laws 2007, ch. 302, § 1, both effective June 20, 2007, enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 302, § 1.
See
12-1-8 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, in Subsection A substituted "New Mexico institute of mining and technology" for "energy, minerals and natural resources department and is an assistant to the director of the mining and minerals department"; substituted the present language of Subsection B for "In addition to those duties assigned to the inspector by the secretary of energy, minerals and natural resources or the director of the mining and minerals division, the state mine inspector shall act on behalf of the division when exercising those powers and fulfilling those duties assigned by statute to the state mining inspector"; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53A Am. Jur. 2d Mines and Minerals § 274 et seq.
58 C.J.S. Mines and Minerals § 237.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 1 - Creation of Bureaus Relating to Geology and Mines › Section 69-1-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 68, § 5 repealed 69-1-7 NMSA 1978, as enacted by Laws 1977, ch. 255, § 16, relating to the mining safety advisory board, effective April 1, 1985. For present provisions relating to the mining safety advisory board and its duties,
see
69-8-3 and 69-8-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-1 - Annual reports of progress and condition.

A. The board of regents of the New Mexico institute of mining and technology shall prepare an annual report showing the progress and condition of the bureau of geology and mineral resources, together with such other information as it deems necessary or useful or as the board may require.
B. The board of regents of the New Mexico institute of mining and technology shall provide the secretary of energy, minerals and natural resources with a copy of the annual report.
History:
Laws 1927, ch. 115, § 3; C.S. 1929, § 88-503; 1941 Comp., § 67-103; 1953 Comp., § 63-1-3; Laws 1977, ch. 255, § 18; 1987, ch. 234, § 49; 2001, ch. 246, § 5.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "of regents of the New Mexico institute of mining and technology" in Subsections A and B; and substituted "bureau of geology" for "bureau of mines" in Subsection A.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-2 - Publication of mining laws and regulations.

The board may, in its discretion, cause to be prepared and published a compilation of the mining laws and regulations of the state and is authorized to update and reprint the same at such intervals as it deems advisable to reflect any substantial changes in the law or regulations. The book shall be sold at such price as the board may determine.
History:
1953 Comp., § 63-1-3.1, enacted by Laws 1967, ch. 171, § 1.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-3 - Bureau reports; printing and sale.

The regular and special reports of the bureau of geology and mineral resources shall be printed as the board of regents of the New Mexico institute of mining and technology may direct, and the reports may be distributed or sold by the board as the interests of the state or science may demand. The money now in the possession of the bureau that has been obtained and that is hereafter obtained from the sale of the reports shall be used in such manner as the board may direct.
History:
Laws 1927, ch. 115, § 4; C.S. 1929, § 88-504; Laws 1935, ch. 19, § 1; 1941 Comp., § 67-104; 1953 Comp., § 63-1-4; 2001, ch. 246, § 6.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the section heading; substituted "bureau of geology" for "bureau of mines"; inserted "of regents of the New Mexico institute of mining and technology"; and deleted "of regents of the New Mexico School of Mines" preceding "may direct".
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-4 - [Materials distributed to educational institutions.]

All materials collected after having served the purpose of the bureau shall be distributed by the board to such educational institutions of the state as the board may direct.
History:
Laws 1927, ch. 115, § 5; C.S. 1929, § 88-505; 1941 Comp., § 67-105; 1953 Comp., § 63-1-5.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-5 - [Funds for maintenance of bureau.]

The board may use of the funds appropriated for the maintenance of the New Mexico school of mines [New Mexico institute of mining and technology] such sums as may be necessary for the maintenance of the bureau hereby created, not to exceed, however, such sums as may be appropriated for the New Mexico school of mines [New Mexico institute of mining and technology] from the fund provided by Section 35 of Senate Bill No. 2775 United States congress. (Public - No. 146 - 66th congress.)
History:
Laws 1927, ch. 115, § 6; C.S. 1929, § 88-506; 1941 Comp., § 67-106; 1953 Comp., § 63-1-6.
ANNOTATIONS
Cross references.
— For Section 35 of Senate Bill No. 2775,
see
30 U.S.C. § 191.
For school of mines,
see
69-2-3 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-6 - Appropriation; cooperative survey.

There is appropriated for the bureau of geology and mineral resources twenty thousand dollars ($20,000) annually of the money received by the state from the mineral leasing land act fund, pursuant to Title 30 U.S.C., Section 191. The money appropriated hereunder shall be used to pay the expenses incurred in matching federal funds in connection with a cooperative geologic and ground water survey of the state.
History:
Laws 1947, ch. 218, § 1; 1941 Comp., § 67-107; 1953 Comp., § 63-1-7; 2001, ch. 246, § 7.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the section heading; substituted "bureau of geology" for "New Mexico bureau of mines"; and substituted "pursuant to Title" for "created by Section 35 of the Act of Congress approved February 25th, 1920, being Public Act No. 146, 66th Congress".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 48.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 2 - Other Functions of the Bureau of Geology and Mineral Resources › Section 69-2-7 - Geothermal energy source; reports.

A. Any person drilling a hole on state lands to a depth of ten feet or more who encounters or whose drill cuts into a geothermal energy source of one hundred degrees centigrade or more shall, within ninety days from the date of the penetration, report in writing to the director the depth, location and nature of the geothermal energy source.
B. As used in this section:
(1) "geothermal energy" means the natural heat of the earth or the energy, in whatever form, below the surface of the earth present in, resulting from or created by or that may be extracted from, this natural heat;
(2) "state lands" includes all land owned by the state, all land owned by school districts, beds of navigable rivers and lakes, submerged lands and lands in which mineral rights or geothermal resources have been reserved to the state; and
(3) "director" means the director of the bureau of geology and mineral resources.
History:
1953 Comp., § 63-1-8, enacted by Laws 1967, ch. 143, § 1; 2001, ch. 246, § 8.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "bureau of geology" for "bureau of mines" in Paragraph B(3).
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-2 - Repealed.

History:
Laws 1876, ch. 38, § 2; C.L. 1884, § 1567; C.L. 1897, § 2287; Code 1915, § 3446; C.S. 1929, § 88-102; 1941 Comp., § 67-202; 1953 Comp., § 63-2-2; Laws 1981, ch. 310, § 2; repealed by Laws 2011, ch. 134, § 24.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 134, § 24 repealed NMSA 1978, as enacted by Laws 1876, ch. 38, § 2, relating to record books provided by county clerks and recording fees, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 310, § 7, repealed 69-3-3 and 69-3-4 NMSA 1978, relating to discovery shafts, effective May 20, 1981.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-5 - Penalty.

Any person who shall make or cause the making of a material misrepresentation of fact with the intent to defraud in a notice of claim shall forfeit his right to the claim to which the material misrepresentation relates, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) nor less than two hundred dollars ($200) or by imprisonment in the county jail for not more than three hundred sixty days nor less than thirty days, or by both fine and imprisonment in the discretion of the court.
History:
1953 Comp., § 63-2-3.2, enacted by Laws 1957, ch. 61, § 2; 1981, ch. 310, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 377 et seq.
58 C.J.S. Mines and Minerals § 241.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-6 - Penetration of water stratum by mine discovery or drill hole; plugging; reports; exceptions.

Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more who encounters or whose drill cuts into a water body or water-bearing stratum shall:
A. plug at a horizon and in the manner provided by the rules of the state engineer; and
B. within ninety days from the date of the discovery, report in writing the depth, location and manner of plugging the water body or water-bearing stratum to the state engineer at the state capitol and to the director of the bureau of geology and mineral resources at Socorro, New Mexico.
History:
1953 Comp., § 63-2-3.3, enacted by Laws 1957, ch. 108, § 1; 1967, ch. 128, § 1; 2001, ch. 246, § 9.
ANNOTATIONS
Cross references.
— For the appointment and qualifications of the state engineer,
see
72-2-1 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "reports" for "report to state engineer and to director of the state bureau of mines and mineral resources" in the section heading; and substituted "bureau of geology" for "bureau of mines" in Subsection B.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-7 - Discovery of natural gas or hydrocarbons.

Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more, who shall encounter natural gas or hydrocarbons in any form shall within ten days from the date of encountering natural gas or hydrocarbons report in writing to the state oil conservation commission the depth and location of the natural gas or hydrocarbons and thereafter within a reasonable time shall plug in accordance with the rules and regulations of the New Mexico oil conservation commission.
History:
1953 Comp., § 63-2-3.4, enacted by Laws 1957, ch. 108, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1977, ch. 255, § 4, established the "energy and minerals department." Laws 1977, ch. 255, § 9 absorbed the oil conservation commission into the energy and minerals department.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-8 - [Exceptions.]

The provisions of this act [69-3-6 to 69-3-9 NMSA 1978] shall not include or be applicable to seismic, core or other exploratory holes or wells drilled in search of, or for the production of, natural gas or hydrocarbons in any form.
History:
1953 Comp., § 63-2-3.5, enacted by Laws 1957, ch. 108, § 3.
ANNOTATIONS
Cross references.
— For regulation of oil and gas wells,
see
70-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-9 - Penalty.

Any person who fails or refuses to make any report required by this act [69-3-6 to 69-3-9 NMSA 1978] or who knowingly makes a false report of any information required by this act is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
History:
1953 Comp., § 63-2-3.6, enacted by Laws 1957, ch. 108, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 377 et seq.
58 C.J.S. Mines and Minerals § 241.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-10 - [Boundary posts.]

The surface boundaries of mining claims heerafter [hereafter] located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conform to Section 69-3-1 NMSA 1978.
History:
Laws 1889, ch. 25, § 2; 1897, ch. 58, § 6; C.L. 1897, § 2299; Laws 1899, ch. 57, § 1; Code 1915, § 3448; C.S. 1929, § 88-104; 1941 Comp., § 67-204; 1953 Comp., § 63-2-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Relevant to ejectment.
— In an action of ejectment between applicant for patent for a mining claim and an adverse claimant, court errs in omitting from instructions requirements of this section.
Deeney v. Mineral Creek Milling Co.
, 1902-NMSC-005, 11 N.M. 279, 67 P. 724.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 45.
58 C.J.S. Mines and Minerals § 46.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-11 - Relocation.

The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made.
History:
Laws 1889, ch. 25, § 3; C.L. 1897, § 2300; Code 1915, § 3449; C.S. 1929, § 88-105; 1941 Comp., § 67-205; 1953 Comp., § 63-2-5; Laws 1981, ch. 310, § 4.
ANNOTATIONS
Fraudulent relocation.
— A relocation by an agent in the name of a third party after neglecting to do the annual assessment work on the claim of his principal is fraud upon his principal.
Lockhart v. Washington Gold & Silver Mining Co.
, 1911-NMSC-029, 16 N.M. 223, 117 P. 833;
O'Neill v. Otero
, 1910-NMSC-066, 15 N.M. 707, 113 P. 614.
See also
Lockhart v. Leeds
, 195 U.S. 427, 25 S. Ct. 76, 49 L. Ed. 263 (1904);
Lockhart v. Johnson
, 181 U.S. 516, 21 S. Ct. 665, 45 L. Ed. 979 (1901).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 49, 51, 90.
58 C.J.S. Mines and Minerals §§ 43, 84 to 89.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-12 - Amended and additional location notices.

A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing, or shall be desirous of changing his surface boundaries or to take in any part of an overlapping claim which has been abandoned, such owner may file in the office where notices of location are by law required to be filed, an amended or additional notice of location, subject to the provisions of this article. Provided, that such additional or amended notice of location does not interfere with the existing right of others at the time of filing such notice; and no such amended or additional location, or record thereof, shall, by itself, preclude the claimant or his assigns from proving any such title as they may have held under the previous location.
B. The owner of an unpatented lode or placer claim existing on June 20, 1981 may file with the county clerk's office in the county in which the mining claim is located, a written notice of location containing the information required by Subsection C of Section 69-3-1 NMSA 1978 or a map conforming to the requirements of Paragraph (6) of Subsection C of Section 69-3-1 NMSA 1978. Such notice shall also recite the book and page of the recording of the original location notice and any additional or amended location notices, and such map shall state the name of the owner of the claims and the claim names for the claims referenced on the map.
History:
Laws 1889, ch. 25, § 4; C.L. 1897, § 2301; Code 1915, § 3450; C.S. 1929, § 88-106; 1941 Comp., § 67-206; 1953 Comp., § 63-2-6; Laws 1981, ch. 310, § 5.
ANNOTATIONS
Cross references.
— For recording unacknowledged, amended or additional location notices,
see
14-8-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 45.
58 C.J.S. Mines and Minerals § 45.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-12.1 - Annual labor and annual filings.

The owner of an unpatented lode or placer mining claim shall, prior to December 31 of each year following the calendar year in which such claim was located, file for record in the office of the clerk of the county in which the mining claim is located either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon or for the benefit thereof, (stating, among other facts, that the assessment work was performed before 12:00 noon of September 1 of that calendar year) or a detailed report relating to geological, geophysical or geochemical surveys. An affidavit of assessment work shall set forth the time when such work was done and the amount, character and cost thereof, together with the name of the person who performed such work. The affidavit, when made and filed as herein provided, shall be prima facie evidence of the facts therein stated. The failure to make and file the affidavit as herein provided, shall, in any contest, suit or proceeding touching the title to such claim, place the burden of proof upon the owner of the claim to show that the work has been done according to law.
History:
1978 Comp., § 69-3-12.1, enacted by Laws 1981, ch. 310, § 6.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-13 - [Alteration, removal or destruction of location marks or notice; penalty.]

Any person who shall take down, remove, alter or destroy any stake, post, monument or notice of location upon any mining claim without the consent of the owner or owners thereof shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars [($100)] or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
History:
Laws 1889, ch. 25, § 5; C.L. 1897, § 2302; Code 1915, § 3451; C.S. 1929, § 88-107; 1941 Comp., § 67-207; 1953 Comp., § 63-2-7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 377 et seq.
58 C.J.S. Mines and Minerals § 47.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-14 - [Defacing or changing location notice; penalty; correction of errors.]

Any person or persons, or the manager, officer, agent or employe [employee] of any person, firm, corporation or association, who shall in any manner alter, deface or change the location notice of any mining claim in this state, located under the laws of the United States and of this state, or any local regulations in force in the district wherein such claim is situated, thereby in any manner affecting the rights of any person, firm or corporation, to such claim or location, or the land covered thereby, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in a sum not less than one hundred dollars [($100)], nor more than five hundred dollars [($500)], or imprisoned in the county jail for not less than sixty days, nor more than one year, or by both such fine and imprisonment, in the discretion of the court trying the case. Nothing herein contained shall affect the rights of such locator or locators, and his or their assigns, to correct errors in such notice and file amended location notices as provided in Section 69-3-12 NMSA 1978, and the laws of the United States: provided, such change shall not affect or change the date of such location notice, or affect the rights of any other person.
History:
Laws 1897, ch. 58, § 3; C.L. 1897, § 2311; Code 1915, § 3452; C.S. 1929, § 88-108; 1941 Comp., § 67-208; 1953 Comp., § 63-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 377 et seq.
58 C.J.S. Mines and Minerals §§ 45, 131.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-15 to 69-3-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 310, § 7, repealed 69-3-15 to 69-3-17 NMSA 1978, relating to annual labor and evidence of assessment work, effective May 20, 1981. For present provisions,
see
69-3-12.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-18 - [Abandonment of mining claims; methods; encumbered claims.]

In addition to the provision of law now in force in respect to the abandonment of mining claims, they may be abandoned in the following manner: the owner or owners of any mining claim, wishing to abandon the same, may sign and acknowledge in the same manner provided by law for the acknowledgment of deeds, and file for record in the office of the county clerk, a certificate describing the same, stating when and by whom located, the name of the claim, the book and page where the notice of location of such claim is recorded; that he or they give up and abandon such claim, and that the same is open and subject to relocation. Upon the filing of such certificate, the mining claim therein described shall be considered abandoned and open to relocation as if the same had never been located, and the owner or owners thereof forever estopped from claiming any right or interest therein under the location mentioned in said certificate; provided, that this provision for abandonment shall not apply to any claim or location upon which any mortgage, lien or other encumbrance exists.
History:
Laws 1889, ch. 25, § 6; C.L. 1897, § 2303; Code 1915, § 3458; C.S. 1929, § 88-114; 1941 Comp., § 67-212; 1953 Comp., § 63-2-12.
ANNOTATIONS
Section merely recites common-law rule
that upon effective abandonment of an entire claim the claim is open to relocation as if it had never been located.
Laguna Dev. Co. v. McAlester Fuel Co.
, 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252.
It has no applicability to abandonment by one cotenant
of his interest in a mining claim, which is insufficient to work an abandonment as against remaining cotenants.
Laguna Dev. Co. v. McAlester Fuel Co.
, 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252.
Abandonment must be by owner or all co-owners.
— This section clearly contemplates an effective abandonment of the entire mining claim by its owner or by all of its co-owners together.
Laguna Dev. Co. v. McAlester Fuel Co.
, 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals § 377 et seq.
Validity and construction of statutes providing for reversion of mineral estates for abandonment or nonuse, 16 A.L.R.4th 1029.
58 C.J.S. Mines and Minerals § 78.
2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-19 to 69-3-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 310, § 7, repealed 69-3-19 to 69-3-21 NMSA 1978, relating to placer mining claims, effective May 20, 1981.