Chapter 16 — Chapter 16

This act [16-1-1 to 16-1-3 NMSA 1978] may be cited as the "Outdoor Recreation Act." History: 1953 Comp., § 4-9B-1, enacted by Laws 1973, ch. 388, § 1.

There is hereby established the "state supplemental land and water conservation fund" in the office of the state treasurer. History: 1953 Comp., § 4-9B-2, enacted by Laws 1973, ch. 388, § 2.

limitations. A. The energy, minerals and natural resources department shall administer the state supplemental land and water conservation fund and shall process all applications for grants from the state supplemental land and water conservation fund. Funds from the state suppleme…

The energy, minerals and natural resources department shall prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state and may apply to any appropriate agency or officer of the United States for participation in…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 16-2-1 NMSA 1978, as amended by Laws 1977, ch. 254, § 11, relating to the state park and recreation division, effective July 1, 1987. For creation of state park and recreation division of the energy, minerals and natural re…

in concessions. Neither the secretary nor any member of the energy, minerals and natural resources department shall have any interest in, directly or indirectly, or in any manner be connected with any concession granted to any person within any state park or recreation area. Hist…

criteria. A. The state is authorized to acquire lands or interests in lands for state park or state recreational purposes by gift, donation, devise or purchase. Acquired lands or interests in lands shall be held for the use of the state to develop, maintain and operate them as st…

The legislature of New Mexico, taking cognizance that the federal government, under the provisions of the Recreation and Public Purposes Act of June 14, 1926, as amended, has authorized the department of the interior to sell to the states federal land at a price of two dollars fi…

Title to or right in property to be used for state park or state recreational purposes may be taken in the name of the "State of New Mexico" or in the name of the "Governor of the State of New Mexico and the people thereof". But no such property or rights therein shall be acquire…

Lands heretofore donated or granted to the state or its governor and his successors in office, in trust for the state and the people thereof, for state park and recreation purposes, are hereby approved, ratified and accepted as state parks and recreation areas, and the state park…

The secretary has the right to authorize the commissioner of public lands to quitclaim to any state educational institution or other state agency, department or public body having authority to hold, and a use therefor, any lands acquired for state park or state recreational purpo…

federal government. The director of the state park and recreation division [state parks division] of the natural resources department shall execute a written release to the United States secretary of the interior of the state's lease of the Elephant Butte lake lease lot lands und…

to state agencies, institutions or public bodies. Upon receipt of written notification from the secretary containing a recommendation for transfer to a named grantee, a recitation of the nominal consideration and such reservations and conditions of transfer of specifically descri…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 16-2-17 NMSA 1978, as amended by Laws 1963, ch. 98, § 16, relating to use of emergency labor units, effective July 1, 1987. For present comparable provisions, see 16-2-19 NMSA 1978.

A. The state is authorized to receive and accept gifts, donations or bequests of money, equipment or material, either for state park and recreation purposes generally or for any designated state park or recreation area or state park or recreation purposes or as an endowment for a…

disbursement. All money derived from the operation of state parks or recreation areas or from the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreati…

There is created in the state treasury the "motorboat fuel tax fund". Money in the fund is appropriated to the state park and recreation division [state parks division] of the [energy, minerals, and] natural resources department for use under the regular budgeting procedure of th…

compensation; duties. A. The "advisory board" to the state parks division of the energy, minerals and natural resources department is created. It shall be composed of seven to eleven members appointed by the governor. B. The advisory board shall provide advice and make recommenda…

A. The state parks division of the energy, minerals and natural resources department may develop a program to recruit, train and accept the services of volunteers who support programs administered by the division. Volunteers may provide services for or in aid of interpretive func…

This act [16-2-20 to 16-2-29 NMSA 1978] may be cited as the "State Park and Recreation Bond Act." History: 1978 Comp., § 16-2-20, enacted by Laws 1965, ch. 280, § 1.

The purpose of the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] is to provide for the use of revenues derived from the operation of state parks or recreation areas or from gifts, donations, bequests or endowments for state park and recreation purposes and to …

Whenever the secretary determines by written order that it is necessary to raise funds to provide for developing, operating and maintaining state parks or recreation areas, the state park and recreation division [state parks division] of the energy, minerals and natural resources…

The state park and recreation division [state parks division], except as otherwise specifically provided in the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978], shall determine at its discretion the terms, covenants and conditions of state park and recreation bo…

Bonds issued under this State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] shall be sold at not less than par value plus accrued interest to the date of delivery, and may be sold at public or private sale, as determined by the state park and recreation director. If…

Proceeds from the sale of bonds issued under this State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] shall be deposited in a special fund in the state treasury and used solely for the purpose for which the bonds were authorized. Purchasers of the bonds are not resp…

This State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] is sole authority for the authorization and issuance by the state park and recreation division [state parks division] of bonds authorized by the state board of finance, and the division may do anything necessa…

The principal and income of bonds issued under the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] are exempt from all taxation by the state or any of its political subdivisions, except for inheritance and succession taxes. History: 1978 Comp., § 16-2-27, enacte…

Any bonds issued under the State Park and Recreation Bond Act [16-2-20 to 16-2- 29 NMSA 1978] may be refunded under the terms of written orders issued by the director subject to any contractual limitations involved with outstanding bonds, claims or other obligations. Proceeds of …

The state park and recreation division [state parks division] of the energy, minerals and natural resources department may pledge for the retirement of bonds issued all or any part of the revenues to be produced from any project to be constructed with bond funds, all or any part …

Wherever in the laws of New Mexico, whether or not the statutes have been compiled in NMSA 1978, reference is made to the "state park and recreation commission" or to the "commission", the term shall mean the state park and recreation division [state parks division] of the energy…

employees designated by the secretary. A. The director of the state parks division and state parks division employees designated by the secretary are vested with general police power and shall be state park law enforcement officers with the authority of conservators of the peace …

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 16-2-31 NMSA 1978, as enacted by Laws 1983, ch. 18, § 9, relating to attorneys for the state park and recreation division, effective July 1, 1987. For present comparable provisions, see 16-2-30, 16-2-32 NMSA 1978.

A person who commits any of the following acts is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978: A. cut, break, injure, destroy, take or remove a tree, shrub, timber, plant or natural object in any state park a…

definition; schedule of assessments. A. As used in Chapter 16, Article 2 NMSA 1978, "penalty assessment misdemeanor" means a violation of any rule of the state parks division of the energy, minerals and natural resources department promulgated pursuant to Chapter 16, Article 2 NM…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealeds 16-2-4 NMSA 1978, as amended by Laws 1977, ch. 254, § 13, relating to the office of the state park and recreation division, effective July 1, 1987. For present comparable provisions, see 16-2-19 NMSA 1978.

The director of the state park and recreation division [state parks division] of the energy, minerals and natural resources department shall be qualified for that office if he has: A. education and practical field experience in the field of parks and recreation; and B. demonstrat…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 16-2-6 NMSA 1978, as amended by Laws 1977, ch. 254, § 16, relating to purchases by the state park and recreation division, effective July 1, 1987. For present comparable provisions, see 16-2-19 NMSA 1978.

The secretary shall promulgate and adopt rules for each park as circumstances may demand to the end that each state park may be made as nearly self-supporting as possible. The secretary shall also adopt rules to regulate the construction and maintenance of boat docks for a lake t…

A. The state parks division of the energy, minerals and natural resources department shall provide to a veteran residing in the state: (1) one day-use pass for unlimited entry into state parks or recreation areas operated by the division; and (2) one camping pass for unlimited us…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 16-2-8 NMSA 1978, as amended by Laws 1977, ch. 254, § 18 relating to the use of public parks and recreation areas, effective July 1, 1987. For present comparable provisions, see 16-2-7 NMSA 1978.

The secretary has the power to grant concessions in [the] state parks and recreation areas upon such rentals, fees or percentage of income or profits as he may prescribe, but not for a longer period than thirty years. All concessions shall be evidenced by a written contract, the …

The director of the state parks division of the energy, minerals and natural resources department may authorize vendors to sell state park passes, permits and other state park products in compliance with rules adopted by the secretary. A vendor authorized to sell park passes, per…

This act [16-3-1 to 16-3-9 NMSA 1978] may be cited as the "State Trails System Act." History: 1953 Comp., § 4-9A-1, enacted by Laws 1973, ch. 372, § 1.

As used in the State Trails System Act: A. "local government" means any county, municipality or other political subdivision of the state and includes rural communities and unincorporated towns or villages in the state; and B. "secretary" means the secretary of energy, minerals an…

The purpose of the State Trails System Act is to provide public access to, and the enjoyment and appreciation of, the New Mexico outdoors in order to conserve, develop and use the natural resources of the state for purposes of health and recreation. It is the intent and purpose o…

A. There is created a "state trails system" composed of: (1) "state scenic trails" which are extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecolo…

and maintenance of trails system; powers and duties. A. The secretary shall: (1) adopt and regularly review and revise in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] such rules and regulations as may be necessary to carry into effect and enforce the prov…

system. A. The secretary may establish and designate state recreational, scenic, historical and special use trails on lands under the jurisdiction of a federal agency when, in the opinion of the federal agency and the secretary, such lands may be so developed under the provisions…

Each person is guilty of a misdemeanor who shall: A. willfully mutilate, deface or destroy any guidepost, notice, tablet, fence or other work which is for the protection or ornamentation of any state trail; B. place along any trail or affix to any object in the right-of-way, with…

As an additional means of enforcing the provisions of the State Trails System Act and rules and regulations adopted by the secretary pursuant to that act, the secretary may seek injunctive relief, in the district court of the county where the violation occurs, against any violati…