Section 69-25B-1 – Short title.
This act [69-25B-1 to 69-25B-11 NMSA 1978] may be cited as the “Abandoned Mine Reclamation Act.” History: Laws 1980, ch. 87, § 1.
Section 69-25B-10 – Additional powers.
A. The director may engage in any work and do all things necessary or expedient to implement and administer the provisions of the Abandoned Mine Reclamation Act. B. The director may adopt rules and regulations which are necessary to effectuate the provisions of the Abandoned Mine Reclamation Act, taking into account appropriate federal rules and […]
Section 69-25B-11 – Appeal of director’s decision.
Except as provided in Subsection B of Section 8 [69-25B-8 NMSA 1978] of the Abandoned Mine Reclamation Act, any party aggrieved by a decision of the director may file a petition for review of the director’s decision with the district court of Santa Fe county within thirty days of the date of the decision appealed […]
Section 69-25B-12 – Emergency powers.
A. The director is authorized to expend money from the fund for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of mining practices on eligible lands if the director makes a finding of fact that: (1) the land upon which the emergency is situated is eligible land; (2) an emergency exists that […]
Section 69-25B-2 – Purpose.
The purpose of the Abandoned Mine Reclamation Act is to provide a means whereby New Mexico may develop and implement a state program pursuant to Title 4 of the Surface Mining Control and Reclamation Act of 1977, as amended, and thereby to enable New Mexico to receive federal assistance to promote the reclamation of mined […]
Section 69-25B-3 – Definitions.
As used in the Abandoned Mine Reclamation Act: A. “director” means the director of the mining and minerals division of the energy, minerals and natural resources department; B. “eligible lands and water” means all lands and water eligible for expenditures pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended; C. […]
Section 69-25B-4 – Abandoned mine reclamation fund; created.
There is created within the state treasury the “abandoned mine reclamation fund”. All money received by the state pursuant to Title 4 of the Surface Mining Control and Reclamation Act of 1977, as amended, shall be delivered to the state treasurer and be deposited in the fund. Disbursements from the fund shall be made only […]
Section 69-25B-5 – State reclamation plan; application for support.
A. The director shall develop and submit to the United States secretary of the interior a state reclamation plan. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria […]
Section 69-25B-6 – Objectives of the fund; duties of the director.
A. Pursuant to the state reclamation plan, expenditures from the fund shall be used by the director on eligible lands and water and shall reflect the priorities and objectives in the federal Surface Mining Control and Reclamation Act of 1977, as amended. B. The legislature declares that voids and open and abandoned tunnels, shafts and […]
Section 69-25B-7 – Acquisition and reclamation of land adversely affected by past mining practices; powers of the director.
A. If the director, pursuant to the state reclamation plan, makes a finding of fact that: (1) land or water resources have been adversely affected by past mining practices; (2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control or prevent should be taken; and (3) […]
Section 69-25B-8 – Liens.
A. Within six months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past mining practices on privately owned land, the director shall itemize the money so expended and may file a statement thereof in the office of the county clerk of the county in which the land lies, […]
Section 69-25B-9 – Reports.
The director shall report annually to the United States congress and to the United States secretary of the interior on operations under the fund together with his recommendations as to future uses of the fund. History: Laws 1980, ch. 87, § 9.