A. There is created in the state treasury a revolving fund to be known as the "forest land protection revolving fund". The forest land protection revolving fund shall consist of all receipts as provided by Section 68-2-26 NMSA 1978, fees collected pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978], appropriations, gifts, grants, donations and revenue received by the forestry division of the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting forest and watershed management projects. Subject to legislative appropriation, expenditures may be made from the forest land protection revolving fund upon vouchers signed by the state forester and warrants issued by the secretary of finance and administration:
(1) for the administration and enforcement of the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978];
(2) to administer forest and watershed management projects, including acquisition of tools and equipment and expenses incurred by the forestry division in planning and supervising forest and watershed management projects;
(3) to fund approved projects pursuant to the Forest and Watershed Restoration Act [68-4-1 to 68-4-6 NMSA 1978]; and
(4) to administer the Prescribed Burning Act.
B. Money in the forest land protection revolving fund shall not revert to the general fund.
History: 1978 Comp., § 68-2-28, enacted by Laws 1987, ch. 143, § 6; 1996, ch. 74, § 1; 2016, ch. 65, § 1; 2019, ch. 62, § 7; 2021, ch. 13, § 10.
The 2021 amendment, effective June 18, 2021, provided that fees collected pursuant to the Prescribed Burning Act shall be included in the forest land protection revolving fund, and provided that money in the fund shall be used to administer the Prescribed Burning Act; and in Subsection A, after "Section 68-2-26 NMSA 1978", added "fees collected pursuant to the Prescribed Burning Act", and added Paragraph A(4).
The 2019 amendment, effective June 14, 2019, authorized funds from the forest land protection revolving fund to be used to fund approved projects pursuant to the Forest and Watershed Restoration Act; in Subsection A, after "Section 68-2-26 NMSA 1978", added "appropriations, gifts, grants, donations", added paragraph designations "(1)" and "(2)" and Paragraph A(3); and added new subsection designation "B".
The 2016 amendment, effective May 18, 2016, provided for federal revenue and expenditures from the forest land protection revolving fund for conducting forest and watershed management projects; in the second sentence, after "68-2-26 NMSA 1978", added "and from revenue received by the forestry division of the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting forest and watershed management projects. Subject to legislative appropriation, expenditures"; and in the third sentence, after "Forest Conservation Act", added the remainder of the sentence.
The 1996 amendment, effective May 15, 1996, substituted "Section 68-2-26 NMSA 1978" for "Sections 68-2-22.1 and Section 68-2-26 NMSA 1978" in the second sentence.
Structure New Mexico Statutes
Article 2 - Forest Conservation
Section 68-2-2 - [Acceptance of federal laws.]
Section 68-2-3 - State forester; compensation; seal; qualifications.
Section 68-2-4 - Forestry division office; state forester in charge; executive officer.
Section 68-2-5 - State forester; employment of personnel; state fire chief; office clerk.
Section 68-2-6 - Division to serve as contracting agency for state.
Section 68-2-7 - Forest fire defined.
Section 68-2-8 - Statewide responsibility for forest fire protection.
Section 68-2-9 - Penalty for obstruction.
Section 68-2-10 - Administrative districts.
Section 68-2-11 - Contracts for protection of forest areas.
Section 68-2-12 - Acquisition and disposition of land by division.
Section 68-2-14 - Enforcement of laws; investigation of violations.
Section 68-2-16 - Rules and regulations of division.
Section 68-2-17 - Laws; rules and regulations; violations; penalties.
Section 68-2-21 - Revolving fund created.
Section 68-2-22 - Cutting and removing woody material without written consent.
Section 68-2-23 - Definitions.
Section 68-2-24 - Forest land policy.
Section 68-2-25 - Forest owner assistance.
Section 68-2-26 - Enforcement; Forest Conservation Act.
Section 68-2-27 - Using false information to comply with the Forest Conservation Act.
Section 68-2-28 - Forest land protection revolving fund created.
Section 68-2-29 - Short title.
Section 68-2-30 - Findings and purpose of act.
Section 68-2-31 - Definition[s].
Section 68-2-33 - Tree planting advisory committee created; purpose of committee; composition.