Chapter 69 — Chapter 69

A. The commission, by regulation, shall require any permittee to: (1) establish and maintain appropriate records; (2) make monthly reports to the director; (3) install, use and maintain any necessary monitoring equipment or methods; (4) evaluate results in accordance with such ma…

A. Any permittee who violates any permit condition or any person who violates any provision of the Surface Mining Act may be assessed a civil penalty by the director, except that if such violation leads to the issuance of a cessation order under Section 25 [69-25A-25 NMSA 1978] o…

A. The permittee may file a request with the director for the release of all or part of a performance bond or deposit. Within thirty days after any application for bond or deposit release has been filed with the director, the operator shall submit a copy of an advertisement place…

A. Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with the Surface Mining Act. Such action may be brought against: (1) the director or the commission alleging a violation of the Surface Mining…

A. When the director determines that any condition or practices exist, or that any permittee is in violation of any requirements of the Surface Mining Act or any permit condition required by that act, which condition, practice or violation also creates an imminent danger to the h…

exclusions. A. Subject to valid existing rights, no surface coal mining operations except those which existed on August 3, 1977, shall be permitted: (1) which will adversely affect any publicly owned park or place included in the national register of historic sites unless approve…

Mexico and the United States. The governor is authorized to enter into a cooperative agreement with the secretary of the United States department of the interior for regulation by New Mexico of surface coal mining and reclamation operations on federal lands within New Mexico. Suc…

public corporations. Any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation of federal, state or local government, which proposes to engage in surface coal mining operations which are subject t…

A. A permittee issued a notice or order by the director pursuant to the provisions of Section 69-25A-25 NMSA 1978, or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation or termination of the notice or order, …

As used in the Surface Mining Act: A. "commission" means the coal surface mining commission; B. "director", when used without further qualification, means the director of the mining and minerals division of the energy, minerals and natural resources department or his designee; C.…

A. A party to a proceeding before the director who is aggrieved by a decision of the director issued after a hearing may obtain a review of that decision, other than a promulgation of a rule, by appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978…

The provisions of the Surface Mining Act do not apply to the extraction of coal: A. by a landowner for his own noncommercial use from land owned or leased by him; or B. as an incidental part of federal, state or local government-financed highway or other construction under regula…

A. It is unlawful for a state employee who performs any function or duty under the Surface Mining Act to have a direct or indirect financial interest in any underground or surface coal mining operation. B. Whoever knowingly violates the provisions of Subsection A of this section …

To encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential or public use, including recreational facilities, the director may, with the approval by the secretary of the United States department of the interio…

ANNOTATIONS Repeals. — Laws 1980, ch. 12, § 1, repealed 69-25A-34 NMSA 1978, relating to the automatic termination of the Surface Mining Act, effective February 13, 1980.

The administrative procedures provided in the Surface Mining Act are exclusive. The director and commission, when performing any function under the Surface Mining Act, are exempt from the provisions of the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978]. History: Laws…

The coal surface mining commission is terminated on July 1, 2035 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of the Surface Mining Act until July 1, 2036. Effective July 1, 2036, Section 69-25A-4 …

effective July 1, 2036.) A. The "coal surface mining commission" is created. The commission shall consist of: (1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or his designee; (2) the director of the department o…

A. The commission shall adopt and file such reasonable regulations as are necessary to implement the Surface Mining Act and as are consistent with that act. Such regulations shall be concise and written in plain, understandable language and shall include regulations governing sur…

A. No regulation may be adopted, amended or repealed without a public hearing before the commission or a hearing officer designated by the commission. B. The public hearing shall be held in Santa Fe and a verbatim record shall be maintained of all proceedings. Notice of the subje…

A. After the commission has adopted the regulations required by the Surface Mining Act , any person may petition the commission to initiate a proceeding for the issuance, amendment or repeal of a rule under that act. B. Such petitions shall be filed with the chairman of the commi…

The director shall perform all duties specified in the Surface Mining Act to be performed by the director and shall exercise all powers of enforcement and administration arising under that act not otherwise expressly delegated to the commission. The director shall execute and adm…

A. No later than eight months from the date on which the Surface Mining Act is approved as part of a state program within the meaning of Section 503 of the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Section 1253 (1977), no person shall engage in or carr…

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.

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…

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…

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…

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 assi…

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 …

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. Dis…

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…

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 declar…

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 …

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 cle…

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.

suspension; reactivation to state mine inspector. A. Each operation in New Mexico shall register with the mining and minerals division of the energy minerals and natural resources department annually and upon the start of operations. The registration shall include: (1) the name o…

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

The mine operator shall at any time, upon written request, furnish any reasonable information or data desired by the director of the mining and minerals division of the energy, minerals and natural resources department. History: Laws 1933, ch. 153, § 193; 1941 Comp., § 67-1903; 1…

Every mine employer shall furnish such employment and such place of employment as shall be reasonably safe for the employees therein, and shall furnish and use safety devices and safeguards, adopt and use methods and processes reasonably adequate to render such employment and pla…

The mine operator shall at all times during the operation of the mine have a person on the ground with authority over all branches and phases of the operation of the mine during the time he is on duty. Provided, however, that nothing herein contained shall prevent the owner or op…

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 those safeguards, trespass warnings and appropriate danger notices shall …

promptly to mine inspector.] The operator shall report promptly to the mine inspector by telegraph or telephone the occurrence in and about the mines of serious outbursts of gas or other serious conditions threatening to cause the loss of lives. History: Laws 1933, ch. 153, § 197…

contents.] A report in writing shall be made to the mine inspector of each compensable mine accident. Such reports shall give the name, age and occupation of the injured person, the date of accident, name and location of mine, the cause of accident, actual work being performed wh…

No mine employee or other person shall remove, displace, damage, destroy, carry off or fail to use any safety device, safeguard notice or warning provided for use in any mine employment or place of mine employment, or interfere in any way with the use thereof by any other person,…

equipment, violation of danger signs and unauthorized travel prohibited.] Any employee violating the provisions of Section 199 of Article 34 [69-27-6 NMSA 1978] shall be deemed guilty of a misdemeanor punishable by fine or imprisonment or both as set forth in another section of t…

History: Laws 1933, ch. 153, § 245; 1941 Comp., § 67-2414; 1953 Comp., § 63-24-14; Laws 1955, ch. 211, § 1; 1973, ch. 218, § 70; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 303; 1941 Comp., § 67-2818; 1953 Comp., § 63-28-18; Laws 1973, ch. 218, § 84; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 304; 1941 Comp., § 67-2819; 1953 Comp., § 63-28-19; Laws 1973, ch. 218, § 85; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1933, ch. 153, § 305; 1941 Comp., § 7-2820; 1953 Comp., § 63-28-20; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

Chapter 69, Article 36 NMSA 1978 may be cited as the "New Mexico Mining Act". History: Laws 1993, ch. 315, § 1; 2014, ch. 32, § 1.