Chapter 69 — Chapter 69

This act [69-10-1 to 69-10-4 NMSA 1978] may be cited as the "Mineral Resources Development Act." History: 1953 Comp., § 63-33-1, enacted by Laws 1967, ch. 254, § 1.

The legislature finds and declares that: A. the exploitation of New Mexico's mineral resources provides an opportunity for highly paid jobs for New Mexicans; B. the successful exploitation of minerals shall be encouraged by the state of New Mexico; C. New Mexico has been very suc…

New Mexico institute of mining and technology is directed to use its mineral resource economist to undertake studies aimed at developing technology which will make possible the profitable exploitation of New Mexico's mineral resources. This effort should be aimed initially at tho…

It shall be the responsibility of the department of development [economic development division] to locate suitable private enterprises and interest them in the development of the profit opportunity uncovered by the minerals [mineral] resource economist. History: 1953 Comp., § 63-…

A. Each coal mining operation in the state shall register with the mining and minerals division of the energy, minerals and natural resources department annually and upon start of operations. The registration shall include: (1) the name of the operation; (2) post office address; …

A. Each mine or mining operation shall furnish to the mining and minerals division of the energy, minerals and natural resources department each year information regarding production and value of production, persons employed, mining equipment and methods and any other information…

The mine operator shall, at any time upon written request, furnish any reasonable information or data desired by the mining and minerals division of the energy, minerals and natural resources department. History: Laws 1933, ch. 153, § 27; 1941 Comp., § 67-503; 1953 Comp., § 63-5-…

History: Laws 1933, ch. 153, § 28; 1941 Comp., § 67-601; 1953 Comp., § 63-6-1; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 29; 1941 Comp., § 67-602; 1953 Comp., § 63-6-2; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

required. A. The owner of every underground coal mine shall have made by a competent surveyor a clear and accurate map showing the surface plant and the underground workings of the mine. The map shall be on a scale of not more than two hundred feet to the inch and shall bear the …

Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all such safeguards, trespass warnings and appropriate danger notices shall b…

History: Laws 1933, ch. 153, § 32; 1941 Comp., § 67-605; 1953 Comp., § 63-6-5; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 33; 1941 Comp., § 67-606; 1953 Comp., § 63-6-6; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

A report in writing shall be made to the state mine inspector of each mine accident. The report shall be made within one month of the date of the accident. Submitting a copy of the report required under the Federal Mine Safety and Health Act of 1977 to the inspector shall satisfy…

History: Laws 1933, ch. 153, § 35; 1941 Comp., § 67-701; 1953 Comp., § 63-7-1; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 36; 1941 Comp., § 67-702; 1953 Comp., § 63-7-2; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 37; 1941 Comp., § 67-703; 1953 Comp., § 63-7-3; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

inspector. The state mine inspector shall certify, recertify or discipline persons to act as mine foremen and mine examiners. No mine operator shall employ any person as underground mine foreman, mine examiner or surface mine foreman unless that person has been certified by the s…

History: Laws 1933, ch. 153, § 48; 1941 Comp., § 67-811; 1953 Comp., § 63-8-11; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 49; 1941 Comp., § 67-812; 1953 Comp., § 63-8-12; 1973, ch. 218, § 10; 1977, ch. 43, § 1; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 50; 1941 Comp., § 67-813; 1953 Comp., § 63-8-13; 1973, ch. 218, § 11; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 51; 1941 Comp., § 67-814; 1953 Comp., § 63-8-14; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 52; 1941 Comp., § 67-815; 1953 Comp., § 63-8-15; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 53; 1941 Comp., § 67-816; 1953 Comp., § 63-8-16; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 54; 1941 Comp., § 67-817; 1953 Comp., § 63-8-17; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 55; 1941 Comp., § 67-818; 1953 Comp., § 63-8-18; 1973, ch. 218, § 12; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1882, ch. 57, § 9; C.L. 1884, § 1583; C.L. 1897, § 2347; Code 1915, § 3495; C.S. 1929, § 88-606; 1941 Comp., § 67-819; 1953 Comp., § 63-8-19; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

permits; examinations. The state mine inspector shall certify persons for the positions of mine foreman and mine examiner and issue certificates accordingly as follows: A. the state mine inspector may recognize the foreman's or mine examiner's certificate issued by any other stat…

The mining safety board may, by rule, enact requirements, including requirements for applications, examinations and qualifications, for the certification of any mine personnel required to be qualified by state or federal law. History: Laws 1933, ch. 153, § 41; 1941 Comp., § 67-80…

A. Certification for mine personnel shall be issued for a period of five years. All mine personnel certified by the state mine inspector prior to June 15, 2007 shall have their certification period extended five years. Each certified person has the responsibility to notify the st…

History: Laws 1933, ch. 153, § 43; 1941 Comp., § 67-806; 1953 Comp., § 63-8-6; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 44; 1941 Comp., § 67-807; 1953 Comp., § 63-8-7; 1973, ch. 218, § 7; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 45; 1941 Comp., § 67-808; 1953 Comp., § 63-8-8; 1973, ch. 218, § 8; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 46; 1941 Comp., § 67-809; 1953 Comp., § 63-8-9; 1973, ch. 218, § 9; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 47; 1941 Comp., § 67-810; 1953 Comp., § 63-8-10; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 101; 1941 Comp., § 67-1214; 1953 Comp., § 63-12-14; Laws 1973, ch. 218, § 31; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

Any person who shall willfully set on fire or ignite or cause to be set on fire or ignited any building equipment or anything whatsoever at or within any mine when any person is present in such mine at the time, shall be deemed guilty of a felony, and upon conviction thereof, sha…

Chapter 69, Article 25A NMSA 1978 may be cited as the "Surface Mining Act". History: Laws 1979, ch. 291, § 1; 2000, ch. 4, § 19.

A. Each application for a surface coal mining and reclamation permit pursuant to the Surface Mining Act shall be accompanied by a fee as determined by regulation of the commission. Such fee may be less than but shall not exceed the actual or anticipated cost of reviewing, adminis…

A. Each applicant for a permit shall submit to the director as part of the permit application a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability policy in force for the surface coal mini…

A. Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required by the Surface Mining Act can be accomplished, a statement of: (1) the identification of the lands subject to surface coal …

A. After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state, and conditioned upon f…

A. Upon the basis of a complete mining application and reclamation plan or a revision or a renewal thereof, as required by the Surface Mining Act, including public notification and an opportunity for a public hearing as required by Section 17 [69-25A-17 NMSA 1978] of that act, th…

A. During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the director. An application for a revision of a permit shall not be approved unless the director finds that reclamation as required…

A. Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the commission. Such regulations shall include, at a minimum: the requirement that prior to conducting any exploration under…

A. At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of the Surface Mining Act, the applicant shall submit to the director a copy of his advertisement of the ownership, preci…

A. If an informal conference has been held pursuant to Section 69-25A-17 NMSA 1978, the director, after receiving the recommendation of the hearing officer, shall issue and furnish the applicant for a permit and persons who are parties to the administrative proceedings with the w…

surface coal mining operations. A. Any permit issued under the Surface Mining Act to conduct surface coal mining operations shall require that the surface coal mining operations meet all applicable performance standards of that act, and such other requirements as the commission s…

It is the purpose of the Surface Mining Act to: A. establish a program to protect society and the environment from the adverse effects of surface coal mining operations; B. assure that the rights of surface landowners and other persons with a legal interest in the land or appurte…

surface effects of underground coal mining operations. A. The commission shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements and in accordance with the procedures established under …