69-25B-6. Objectives of the fund; duties of the director.
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 following priorities in the order stated:
(1) the protection of public health, safety, general welfare and property from extreme danger of adverse effects of mining practices;
(2) the protection of public health, safety and general welfare from adverse effects of mining practices;
(3) the restoration of land and water resources and the environment previously degraded by adverse effects of mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources and agricultural productivity;
(4) research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;
(5) the protection, repair, replacement, construction or enhancement of public facilities such as utilities, roads and recreation and conservation facilities adversely affected by mining practices; and
(6) the development of publicly owned land adversely affected by mining practices including land acquired as provided in the Abandoned Mine Reclamation Act [69-25B-1 to 69-25B-11 NMSA 1978] for recreation and historic purposes, conservation and reclamation purposes and open space benefits.
B. The legislature declares that voids and open and abandoned tunnels, shafts and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operations may degrade the environment. Notwithstanding the provisions of Subsection A of this section, the director, with the prior approval of the governor and the United States secretary of the interior, may use expenditures from the fund to fill the voids, seal the abandoned tunnels, shafts and entryways and reclaim surface impacts of underground or surface mines which could endanger life and property, constitute a hazard to the public health and safety or degrade the environment. In those instances where mine waste piles are being reworked for conservation purposes, expenditures from the fund may be used to pay the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels if the disposal of these wastes meets the purposes of this subsection.
C. In addition to the expenditures authorized in Subsections A and B of this section, money in the fund may be expended for the purpose of constructing specific public facilities in communities impacted by mining development if:
(1) the objectives of the fund, as set forth in Subsections A and B of this section, have been achieved; and
(2) both the governor and the United States secretary of the interior approve of the use of the fund for the construction.
D. All money in the fund shall be expended within three years after its allocation to New Mexico by the United States secretary of the interior.
69-25B-6. Objectives of the fund; duties of the director.
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 following priorities in the order stated:
(1) the protection of public health, safety, general welfare and property from extreme danger of adverse effects of mining practices;
(2) the protection of public health, safety and general welfare from adverse effects of mining practices;
(3) the restoration of land and water resources and the environment previously degraded by adverse effects of mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources and agricultural productivity;
(4) research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;
(5) the protection, repair, replacement, construction or enhancement of public facilities such as utilities, roads and recreation and conservation facilities adversely affected by mining practices; and
(6) the development of publicly owned land adversely affected by mining practices including land acquired as provided in the Abandoned Mine Reclamation Act [69-25B-1 to 69-25B-11 NMSA 1978] for recreation and historic purposes, conservation and reclamation purposes and open space benefits.
B. The legislature declares that voids and open and abandoned tunnels, shafts and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operations may degrade the environment. Notwithstanding the provisions of Subsection A of this section, the director, with the prior approval of the governor and the United States secretary of the interior, may use expenditures from the fund to fill the voids, seal the abandoned tunnels, shafts and entryways and reclaim surface impacts of underground or surface mines which could endanger life and property, constitute a hazard to the public health and safety or degrade the environment. In those instances where mine waste piles are being reworked for conservation purposes, expenditures from the fund may be used to pay the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels if the disposal of these wastes meets the purposes of this subsection.
C. In addition to the expenditures authorized in Subsections A and B of this section, money in the fund may be expended for the purpose of constructing specific public facilities in communities impacted by mining development if:
(1) the objectives of the fund, as set forth in Subsections A and B of this section, have been achieved; and
(2) both the governor and the United States secretary of the interior approve of the use of the fund for the construction.
D. All money in the fund shall be expended within three years after its allocation to New Mexico by the United States secretary of the interior.
69-25B-6. Objectives of the fund; duties of the director.
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 following priorities in the order stated:
(1) the protection of public health, safety, general welfare and property from extreme danger of adverse effects of mining practices;
(2) the protection of public health, safety and general welfare from adverse effects of mining practices;
(3) the restoration of land and water resources and the environment previously degraded by adverse effects of mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources and agricultural productivity;
(4) research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;
(5) the protection, repair, replacement, construction or enhancement of public facilities such as utilities, roads and recreation and conservation facilities adversely affected by mining practices; and
(6) the development of publicly owned land adversely affected by mining practices including land acquired as provided in the Abandoned Mine Reclamation Act [69-25B-1 to 69-25B-11 NMSA 1978] for recreation and historic purposes, conservation and reclamation purposes and open space benefits.
B. The legislature declares that voids and open and abandoned tunnels, shafts and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operations may degrade the environment. Notwithstanding the provisions of Subsection A of this section, the director, with the prior approval of the governor and the United States secretary of the interior, may use expenditures from the fund to fill the voids, seal the abandoned tunnels, shafts and entryways and reclaim surface impacts of underground or surface mines which could endanger life and property, constitute a hazard to the public health and safety or degrade the environment. In those instances where mine waste piles are being reworked for conservation purposes, expenditures from the fund may be used to pay the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels if the disposal of these wastes meets the purposes of this subsection.
C. In addition to the expenditures authorized in Subsections A and B of this section, money in the fund may be expended for the purpose of constructing specific public facilities in communities impacted by mining development if:
(1) the objectives of the fund, as set forth in Subsections A and B of this section, have been achieved; and
(2) both the governor and the United States secretary of the interior approve of the use of the fund for the construction.
D. All money in the fund shall be expended within three years after its allocation to New Mexico by the United States secretary of the interior.
