Chapter 69, Chapter 69

A. There is created a "mining safety board", referred to in Chapter 69, Article 8 NMSA 1978 as the "board", consisting of thirteen members. The members of the board shall represent and balance management and non-management employees at coal, metal-nonmetal and sand and gravel ope…

A. The board shall, after public hearing, adopt rules for the protection of the life and safety of employees and to carry out the intent of the Mining Safety Act. The board may appoint a special committee of employers, employees and experts to assist in the development of propose…

inspector. A. A person who is the subject of an action of the inspector pursuant to Subsection D of Section 69-14-4 NMSA 1978 may file a written petition for review before the board within twenty days after service of the notice provided in Subsection E of Section 69-14- 4 NMSA 1…

The inspector is authorized to charge fees to mining companies for mine safety training given to their personnel. The amount of the training fees shall be arrived at by the inspector after consultation with the board. Fees collected shall be deposited in the state mine inspector …

There is created in the state treasury the "state mine inspector fund". All income and interest earned from the fund shall be credited to the general fund. History: 1978 Comp., § 69-8-5.2, enacted by Laws 1989, ch. 193, § 7.

granted. A. A person affected by a rule adopted under the Mining Safety Act may petition the inspector for a variance. B. A variance of a mandatory safety standard may be granted upon a determination that: (1) an alternative method of achieving the result of the standard or rule …

It is hereby declared to be in the public interest to provide a method whereby small tracts of land, which cannot economically be separately explored and mined, may be consolidated for the purposes of exploring, mining and conserving the natural resources of this state under thos…

Any money payable to unknown owners or to owners whose addresses are unknown under leases effectuated by an order of consolidation pursuant to this act [69- 9-1 to 69-9-10 NMSA 1978] shall be placed in suspense with the state treasurer who shall hold said money for payment upon d…

No lands owned by the United States of America or the state of New Mexico or lying within the corporate limits of an incorporated village, city or town or held under patented or unpatented mining claim, and no allotted or tribal Indian lands shall be subject to the provisions of …

As used in Chapter 69, Article 9 NMSA 1978: A. "small tract" means a tract of land comprising two acres or less. Where contiguous tracts of two acres or less are owned in common, as for example common ownership of contiguous lots created by platting, each tract is nevertheless a …

The secretary shall be vested with jurisdiction over the administration of this act [69- 9-1 to 69-9-10 NMSA 1978] and shall have the power and the duty to make such rules, regulations and orders as may be necessary or proper to effectuate its purposes. History: 1953 Comp., § 63-…

Any person, corporation or other legal entity seeking consolidation of an area comprised wholly of small tracts and holding mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (insofar as it pertains to ore) in suc…

Upon receiving an application for consolidation under this act [69-9-1 to 69-9-10 NMSA 1978], the secretary shall set a date for hearing evidence with respect to such application. Notice of the hearing shall be given to all owners by publication once a week for four consecutive w…

The secretary shall order consolidation of an area comprised of small tracts pursuant to application filed under this act [69-9-1 to 69-9-10 NMSA 1978] if he finds that: A. proper notice of said hearing has been given as required by this act; B. mineral development of the small t…

An order of consolidation entered by the secretary pursuant to this act [69-9-1 to 69- 9-10 NMSA 1978] shall, as to each small tract or interest therein, within the consolidated area on which applicant does not otherwise hold the mining rights, effectuate a mining lease to applic…

The order of the secretary shall be effective when approved by the district court for the county in which the consolidated area is located. Notice of hearing in the district court shall be given in the same manner as required for notice of hearing before the secretary, as specifi…

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-…

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…

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…

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…

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…

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 …

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…