New Mexico Statutes
Article 25A - Surface Mining
Section 69-25A-4 - Coal surface mining commission; duties. (Repealed effective July 1, 2026.)

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 of game and fish or his designee;
(3) the secretary of environment or his designee;
(4) the chairman of the soil and water conservation commission or his designee;
(5) the director of the agricultural experiment station of New Mexico state university or his designee;
(6) the state engineer or his designee;
(7) the commissioner of public lands or his designee; and
(8) two public members who shall be appointed by the governor with the advice and consent of the senate. The public members shall have, by education, training or experience, expertise related to mining or mine reclamation.
B. The commission shall elect a chairman and other necessary officers and keep records of its proceedings.
C. The commission shall convene upon the call of the chairman or a majority of its members.
D. A majority of the commission is a quorum for the transaction of business. However, no action of the commission is valid unless concurred in by at least three of the members present.
E. The commission shall perform those duties as specified in the Surface Mining Act relating to the promulgation of regulations and as specified in Section 69-25A-29 NMSA 1978 relating to appeals from the decisions of the director.
F. No member of the commission who performs a function or duty under the Surface Mining Act may have a direct or indirect financial interest in any activity undertaken by the commission.
G. The public members shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History: Laws 1979, ch. 291, § 4; 1993, ch. 157, § 1; 2001, ch. 246, § 11.
Delayed repeals. — For delayed repeal, see 69-25A-36 NMSA 1978.
Cross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978.
The 2001 amendment, effective June 15, 2001, in Paragraph A(1), substituted "bureau of geology" for "bureau of mines" and inserted "of the New Mexico institute of mining and technology".
The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "his designee" for "a member of his staff designated by him" in Paragraphs (1), (2), and (4) through (7), rewrote Paragraph (3), and added Paragraph (8); in Subsection E, substituted "Section 69-25A-29 NMSA 1978" for "Section 29 of that act"; and added Subsections F and G.
State engineer. — The "state engineer" is the director of the water resources division of the natural resources department. See 72-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.
58 C.J.S. Mines and Minerals § 334 et seq.