New Mexico Administrative Code

Permanent. [unless a later date is cited at the end of a Section]

August 9, 1989.

These rules govern the role of the energy, minerals and natural resources department (EMNRD) in joint acquisition and protection of unique and ecologically significant lands in New Mexico by the state of New Mexico and New Mexico corporations. No lands or rights of access shall b…

A. "Access" means authorization for use, observation, visitation and study. B. "Acquisition" means obtaining a recordable interest in land by warranty, quit claim or easement and all reasonable costs associated therewith. C. "Consultation" means suggestion, recommendation or disc…

A. The secretary of EMNRD shall administer the NLPA and shall serve as chair of the committee. B. The secretary shall call meetings as necessary and shall prepare, keep and distribute the committee's record of activities. C. The secretary, by annual public notice and solicitation…

Energy, Minerals and Natural Resources Department.

Conservation projects that may receive grants from the fund include the following: A. acquisition of conservation easements from willing sellers by qualified entities, including the department, which may or may not be in partnership with conservation entities; B. acquisition of a…

A. If funding is available, the department may establish one or more competitive grant application cycles each calendar year and specify the required format, forms and deadline for application submittal. Each application cycle announcement shall specify any priority area, ecologi…

A. The committee shall review applications that are timely, that are complete and that comply with the Natural Heritage Conservation Act and 19.1.3 NMAC and evaluate them against the criteria in Subsection B of 19.1.3.12 NMAC. The committee may reject untimely applications, incom…

A. A conservation project involving acquisition of a conservation or agricultural easement requires an appraisal that establishes the fair market value of the conservation or agricultural easement and meets United States treasury regulations and the uniform standards of professio…

A. Conservation or agricultural easements. Conservation projects that are the joint acquisition of a conservation easement or agricultural easement by a qualified entity and a conservation entity and are funded in part with a grant to a qualified entity shall meet the following r…

A. Qualified entities awarded grants from the fund shall submit annual reports, by December 1 each year, to the department for 10 years after the date of the acquisition of the conservation or agricultural easement or the date of a grant agreement for a land restoration project, …

The department may audit a qualified entity's or conservation entity's records including stewardship records, financial statements and supporting records relating to the grant award. The qualified entity shall retain such documents pursuant to state and federal requirements, exce…

The department shall report, including committee outcomes, annually by December 15 to the governor and legislature on status of applications and funded projects.

19.1.3 NMAC applies to application and selection procedures for conservation projects that may receive grants from the natural heritage conservation fund.

19.1.3 NMAC is adopted pursuant to the Laws of 2010, Chapter 83.

Permanent.

July 30, 2010, unless a later date is cited at the end of a section.

19.1.3 NMAC's objective is to establish procedures for carrying out the provisions of the Natural Heritage Conservation Act to protect New Mexico's natural heritage, customs and culture including establishing criteria for evaluating possible conservation projects to receive grant…

A. "Agricultural easement" means a less than fee simple interest in land that is granted in perpetuity, which creates a legally enforceable land protection or preservation agreement and restricts or prohibits the future development, including subdivision, or alteration of the lan…

The department administers the Natural Heritage Conservation Act, which establishes a fund and a competitive grant program to select and fund conservation projects. The committee evaluates proposed conservation projects and recommends to the department which proposed conservation…

Only qualified entities may apply for grants from the fund. Conservation entities may not individually apply for or receive grants directly from the fund, but they may partner with qualified entities on conservation projects. If a conservation entity will jointly acquire a conser…

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

A. Definitions with letter "A." (1) "Acid/Acid Drainage" means water that is discharged from an area affected by mineral exploration, mining or reclamation, with a pH of less than 5.5 and in which total acidity exceeds total alkalinity as defined by the latest edition of Standard…

New Mexico Mining Commission.

An applicant or a permittee may apply to the Director for a variance from the provisions of 19.10 NMAC.

A. Each application for a variance must: (1) state the applicant's name and address; (2) state the date of the application; (3) identify the mining operation for which the variance is sought; (4) provide the location of the property on which the mining operation is located; (5) i…

A. Applications for a variance are subject to the public notice and opportunity for public hearing requirements of 19.10.9 NMAC. B. Notice also shall be provided by the Director to the Environment Department, the Office of the State Engineer, the Game and Fish Department, the Sta…

A. In granting the variance, the Director may impose conditions on the applicant to assure that the variance will not result in a significant threat to human health, safety or the environment. B. An order of the Director granting a variance shall: (1) state the applicant's name a…

The Director shall not grant a variance which results in a violation of any state or federal law or regulation.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this Part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

A. The Director shall conduct on-site inspections on an irregular basis according to the following schedule: (1) at least two per year at each active existing and new mining operation; (2) at least one per year at each inactive existing and new mining operation; (3) at least one …

A. Cessation Orders (1) When the Director determines that a condition, practice or violation exists at any operation that violates the Act, 19.10 NMAC, a permit, or order and which condition, practice or violation also creates an imminent danger to the health or safety of the pub…

For purposes of determining the propriety of an order to show cause why a permit should not be suspended or revoked, the following definitions shall apply: A. Willful violation means an act or omission which violates the Act, 19.10 NMAC, the permit or an order committed by a pers…

A. A notice of violation shall be in writing, signed by the Director and shall set forth: (1) the nature of the violation, including a citation to the requirement allegedly violated; (2) time for abatement; (3) description of the portion of the operation to which the notice appli…

A. The Director shall review each notice of violation and cessation order in accordance with the assessment procedures described in this Part to determine whether a civil penalty will be assessed, the amount of the penalty and whether each day of a continuing violation will be de…