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AN ACT
RELATING TO MISCELLANEOUS NATURAL RESOURCES MATTERS; AMENDING
THE NATURAL RESOURCES TRUSTEE ACT TO PROVIDE FOR MANAGEMENT
AND TO USE OF MONEY IN THE NATURAL RESOURCES TRUSTEE FUND AND
TO PROVIDE FOR A GENERAL FUND APPROPRIATION FOR OPERATING
EXPENSES OF THE OFFICE OF THE NATURAL RESOURCES TRUSTEE;
MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 75-7-1 NMSA 1978 (being Laws 1993,
Chapter 292, Section 1) is amended to read:
"75-7-1. SHORT TITLE.--Chapter 75, Article 7 NMSA 1978
may be cited as the "Natural Resources Trustee Act"."
Section 2. Section 75-7-2 NMSA 1978 (being Laws 1993,
Chapter 292, Section 2) is amended to read:
"75-7-2. NATURAL RESOURCES TRUSTEE--OFFICE OF NATURAL
RESOURCES TRUSTEE.--
A. The "natural resources trustee" is created.
The trustee is appointed by and serves at the pleasure of the
governor pursuant to the provisions of the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the federal Superfund
Amendments and Reauthorization Act of 1986, the Federal Water
Pollution Control Act and any other applicable federal law.
The natural resources trustee shall act on behalf of the
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public as trustee of natural resources within the state or
belonging to, managed by, controlled by or appertaining to
the state, including protecting and representing the state's
interest under applicable federal laws regarding injury to,
destruction of or loss of natural resources in the state.
B. The "office of natural resources trustee" is
created. The office shall be administratively attached to
the department of environment. The administrative head of
the office of natural resources trustee is the natural
resources trustee. For purposes of this subsection, the term
"administratively attached" means the same as specified in
Section 9-1-7 NMSA 1978."
Section 3. Section 75-7-5 NMSA 1978 (being Laws 1993,
Chapter 292, Section 5, as amended) is amended to read:
"75-7-5. NATURAL RESOURCES TRUSTEE FUND.--
A. The "natural resources trustee fund" is created
in the state treasury. Money appropriated to the fund or
accruing to it through gifts, grants, fees, penalties,
bequests or any other source shall be delivered to the state
treasurer and deposited in the fund. Money recovered for the
state by or on behalf of the natural resources trustee shall
be deposited in the natural resources trustee fund. The fund
shall be administered by the natural resources trustee as a
separate account and may consist of subaccounts that the
natural resources trustee deems necessary to carry out the
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purposes of the fund. Disbursements from the fund shall be
made upon warrants drawn by the secretary of finance and
administration pursuant to vouchers signed by the natural
resources trustee or the trustee's designated representative.
Money in the fund shall not revert to the general fund at the
end of a fiscal year.
B. Pursuant to the following criteria, money in
the natural resources trustee fund shall be used to carry out
the provisions of the Natural Resources Trustee Act by
restoring, replacing or acquiring natural resources in an
area where natural resources have been injured, destroyed or
lost, provided that money deposited in the fund because of
injury to, destruction of or loss of natural resources in an
area shall be disbursed to restore, replace or acquire
natural resources in that same area:
(1) if an expenditure from the fund is
necessary to comply with a court order or court-approved
settlement or to match federal funds, then, pursuant to
Sections 6-3-23 through 6-3-25 NMSA 1978, the natural
resources trustee may request a budget increase and, if
approved, the amount of the expenditure is appropriated;
(2) if money is received for reimbursement
of assessment costs, then the natural resources trustee may
expend money for injury assessment, and money is appropriated
in that amount for that purpose; and
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(3) any other expenditures from the fund
shall be made only pursuant to appropriation by the
legislature.
C. In addition to expenditures made pursuant to
Subsection B of this section, money shall be appropriated
annually by the legislature from the general fund for the
purpose of providing for necessary personnel and other costs
of the natural resources trustee, the attorney general and
the office of natural resources trustee in carrying out the
provisions of the Natural Resources Trustee Act, including
the cost of investigation, assessment, collection or
enforcement.
D. For purposes of this section, "assessment
costs" means the costs of restoration and the costs of
collecting, compiling and analyzing information, statistics
or data to determine damages for injuries to natural
resources pursuant to the Natural Resources Trustee Act.
E. Money in the natural resources trustee fund
shall be invested as other state funds are invested, and
interest and earnings from the fund shall not revert to the
general fund but shall be credited to the natural resources
trustee fund."