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Section 9-5A-4 - Divisions; duties.

NM Stat § 9-5A-4 (2019) (N/A)
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In addition to the duties assigned to each division of the energy, minerals and natural resources department by the secretary of energy, minerals and natural resources:

A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the energy conservation and management division shall plan, administer, review, provide technical assistance, maintain records, monitor state and federal energy conservation and alternative energy technology programs and administer laws and regulations relating to geothermal resources;

C. the forestry division shall enforce and administer laws and regulations relating to forestry on lands within the state;

D. the mining and minerals division shall enforce and administer laws and regulations relating to mine safety, coal surface mine reclamation and abandoned mine lands reclamation;

E. the oil conservation division shall administer laws and regulations relating to oil and gas resources, except those laws specifically administered by another authority; and

F. the state parks division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas.

History: Laws 1987, ch. 234, § 4; 1997, ch. 137, § 2; 2016, ch. 71, § 12; 2016, ch. 78, § 12.

Cross references. — For forestry division office, see 68-2-4 NMSA 1978.

For wetlands area restoration, see 75-8-2 NMSA 1978.

The 2016 amendment, effective July 1, 2016, required the energy conservation and management division to administer laws and regulations relating to geothermal resources; in Subsection B, after "maintain records", deleted "and", and after "technology programs", added "and administer laws and regulations relating to geothermal resources"; in Subsection C, after "administer", deleted "all"; in Subsection E, after "shall administer", deleted "the", after "relating to oil", added "and", and after "gas", deleted "and geothermal"; and in Subsection F, after "the state", deleted "park and recreation" and added "parks".

Laws 2016, ch. 71, § 12 and Laws 2016, ch. 78, § 12, both effective July 1, 2016, enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 78, § 12. See 12-1-8 NMSA 1978.

The 1997 amendment, effective July 1, 1997, deleted "and soil and water conservation" following "relating to forestry" in Subsection C.

State power not exclusive. — The provisions of Sections 68-2-14 and 68-2-16 NMSA 1978 and this section do not give the forestry division exclusive power to enforce and administer laws and regulations relating to timber harvesting and do not expressly prohibit local governments from enacting and enforcing such laws. Rancho Lobo, Ltd. v. DeVargas, 303 F.3d 1195 (10th Cir. 2002), cert. denied, 538 U.S. 906, 123 S. Ct. 1483, 155 L. Ed. 2d 225 (2003).

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Section 9-5A-4 - Divisions; duties.