Chapter 69, Chapter 69

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 know…

The objects and duties of the bureau of geology and mineral resources are as follows: A. to collect, compile and publish information relative to New Mexico, geology, mining, milling, metallurgy and oil and natural gas and the refining thereof; B. to collect typical geological and…

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 …

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 …

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 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 scienc…

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.

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 appropriat…

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 …

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 t…

A. Any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit must distinctly mark the location on the ground by four substantial posts or monuments, one …

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 conf…

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., …

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 s…

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 …

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 f…

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 Sta…

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 l…

The size of the claim or claims to be located under Sections 69-3-19 to 69-3-21 NMSA 1978 [repealed], and the amount of annual assessment work to be done thereon in order to hold possession of and secure patent to the same shall be the same as provided by Revised Statutes of the …

recording; amending.] The owner or owners of lands within this state, the title to which has been vested by letters patent from the United States government, may make and file in the office of the county clerk of the county in which such lands are situated, such rules and regulat…

Whenever the owner or lessee of any mining property in the state of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees [lessee] may post notices in English and Spanish in at least three public places upon said premi…

After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, and any person violating the provisions of the proceding [preceding] section [69-3-24 NMSA 1978] shall be deemed guilty of a misdemeanor and upon conviction…

When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this state and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or cor…

The owner of any livestock in this state shall not be liable to the owner or his agent or [of] any mining or mineral claim or millsite for damages done by way of trespass upon the same by said livestock other than for actual damage done to buildings, tents, mining supplies or oth…

Hereafter any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination. History…

forfeiture of lease.] The lessor and the mine upon which any lease is terminated without such thirty days' notice, shall be liable to the lessee for all damages resulting from such termination: provided, that nothing in this or the preceding section [69-3-28 NMSA 1978] shall prev…

Any person owning stock in any corporation or company owning or operating mines in this state, shall at any time during the business hours of the day, have the right to enter in and upon any and all mines of such corporation or company, and all underground workings connected ther…

Every corporation or company or officer or agent of such corporation or company who shall refuse to allow upon demand, any person owning stock in such corporation or company, to enter such mines, as in the preceding section [69-3-30 NMSA 1978] provided, shall be guilty of a misde…

The words "any person owning stock" as used in the preceding sections [69-3-30, 69-3-31 NMSA 1978] shall be taken and considered to mean stockholders, whose names appear on the stock book of the company as owners of stock, and none others. History: Laws 1884, ch. 45, § 1; C.L. 18…

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 pun…

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 stat…

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…

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 Law…

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 hu…

The state mine inspector shall make an entry of record in the state mine inspector's office of each compliance assistance visit and shall furnish the operator a copy thereof. History: Laws 1933, ch. 153, § 16; 1941 Comp., § 67-406; 1953 Comp., § 63-4-8.; 2007, ch. 301, § 4; 2007,…

removal of workers from danger zones. When any mine or portion of a mine or machine, device, apparatus or equipment pertaining to a mine, in the judgment of the state mine inspector, is in so dangerous a condition from any cause or creates such a hazard as to jeopardize life or h…

The operator of every mine shall observe and comply with all orders, regulations and written notices issued by the state mine inspector or the director of the division of mining and minerals of the energy, minerals and natural resources department in accordance with their respect…

investigation; notification; civil penalty. A. The state mine inspector shall proceed immediately upon notification to the site of any mine accident causing the loss of life or requiring activation of a mine rescue team and shall assist in the rescue of persons within the mine. T…

A. The state mine inspector shall: (1) adopt rules requiring each mine operator to prepare an emergency notification plan for its operations and, upon the inspector's approval of the plan, shall retain a copy of each mine operator's emergency notification plan at the emergency op…

The attorney general shall appoint a counsel as needed to support the enforcement of the state mine inspector's office and the duties of the state mine inspector and the bureau of mine safety. History: Laws 2007, ch. 301, § 7 and Laws 2007, ch. 302, § 7.

minerals. A. The state mine inspector shall: (1) develop and maintain mine safety and health training programs; (2) upon notification of any explosion or other catastrophic event at a mine in which the lives of mine workers are jeopardized or in which fatalities have occurred, al…

The state mine inspector is given authority at all reasonable times to: A. enter and inspect any mine in the state in such manner as not to impede or obstruct the workings of the mine; and B. require that the mine owner, operator or manager at all times furnish means necessary fo…

mine, mill or smelter; injunctions. Unless otherwise provided by law, any violation of any provision of Chapter 69 NMSA 1978 by any operator, official, miner or other employee of a mine, mill or smelter is a misdemeanor and shall be punishable by a fine of not more than two hundr…

Every owner, operator or employee of a mine has a right of appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1933, ch. 153, § 308; 1941 Comp., § 67-2902; 1953 Comp., § 63-29-2; Laws 1998, ch. 55, § 83; 1999, ch. 265, § 84.

Chapter 69, Article 8 NMSA 1978 may be cited as the "Mining Safety Act". History: 1953 Comp., § 63-31-1, enacted by Laws 1961, ch. 136, § 1; 2006, ch. 102, § 3; 2006, ch. 106, § 3.

The state mine inspector or his authorized representative shall have the power and authority to enter and inspect such places, question such employees and investigate such facts, conditions, practices or matters as he may deem appropriate to determine whether any person has viola…

Rules and regulations promulgated under the Mining Safety Act shall be construed as "statutory regulations" and any safety devices required by such rules and regulations shall be construed as "safety devices required by law" as such terms are used in the Workmen's Compensation Ac…

In addition to requirements pursuant to federal law for underground mines: A. a self-contained self-rescue device approved by the state mine inspector shall be worn by each person while underground in a coal mine or kept within the person's immediate reach while underground in a …

An employer shall not discharge or in any manner discriminate against, cause to be discharged or cause discrimination against an employee, representative of employees or applicant for employment in a mine subject to the Mining Safety Act because the employee, representative of em…

As used in the Mining Safety Act: A. "accident" means: (1) in the case of a surface mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a mine; (c) an entrapment of an individual that has a reasonable pote…