1. A. The energy, minerals and natural resources department shall administer the state supplemental land and water conservation fund and shall process all applications for grants from the state supplemental land and water conservation fund. Funds from the state supplemental land and water conservation fund shall be made available upon the condition that the proceeds are matched by the federal land and water conservation fund state and local assistance formula grants program.

2. B. Incorporated municipalities, with a population of less than sixty-five thousand persons according to the latest federal decennial census or counties, Indian nations, tribes and pueblos, state parks and other political subdivisions shall be entitled to receive funds from the state supplemental land and water conservation fund; provided that:

   1. (1) funding requests from Indian nations, tribes and pueblos shall be prioritized;
   2. (2) funding requests from rural communities shall be prioritized;
   3. (3) state parks shall be entitled to receive funds from the state supplemental land and water conservation fund in an amount not to exceed seven percent of New Mexico's annual apportionment of federal land and water conservation fund state and local assistance program funding to perform outreach to Indian nations, tribes and pueblos and political subdivisions of the state and provide technical assistance to prospective applicants; and
   4. (4) "technical assistance" pursuant to this subsection shall not include compliance procedures conducted by the state parks division of the energy, minerals and natural resources department on behalf of the applicants for the National Environmental Policy Act of 1969, processing of permits, producing geographic information systems data, conducting project planning, developing designs or engaging, contracting or directing project management.
3. C. Projects proposed shall be in accordance with provisions of the federal Land and Water Conservation Fund Act of 1965, U.S.C. Section 460, and the regulations contained in the United States department of the interior. Funds shall be made available from the state supplemental land and water conservation fund in the event that the United States department of the interior provides fifty percent of the project cost, except that funds may be made available to provide assistance with compliance with the requirements of the National Environmental Policy Act of 1969 and related project pre-clearances. State funds shall be made available for expenditure by the applicant political subdivision once the project is approved by the United States department of the interior.

History: 1953 Comp., § 4-9B-3, enacted by Laws 1973, ch. 388, § 3; 1977, ch. 254, § 40; 1987, ch. 234, § 10; 2024, ch. 14, § 1.

ANNOTATIONS

Cross references. — For provisions of the Federal Land and Water Conservation Fund Act of 1965, see 16 U.S.C. §§ 460d, 460l-4 to 460l-11 and note to 23 U.S.C. § 120.

For the National Environmental Policy Act of 1969 see 42 U.S.C. §§ 4321, 4331 to 4335 and 4341 to 4347.

The 2024 amendment, effective May 15, 2024, provided that the funds from the state supplemental land and water conservation fund shall be made available upon the condition that proceeds are matched by federal funds, amended the eligibility requirements for receiving state supplemental land and water conservation funds by increasing the incorporated municipality population limit from fifteen thousand to sixty-five thousand and adding Indian nations, tribes and pueblos, state parks, and other political subdivisions as eligible recipients of funds, required prioritization of funding requests from Indian nations, tribes and pueblos, and rural communities, provided that funding for state parks may not exceed seven percent of New Mexico's annual apportionment of federal land and water conservation fund assistance programs, placed limitations on the meaning of "technical assistance" and allowed funds to be used to provide assistance with compliance with the requirements of the National Environmental Policy Act of 1969 and related project pre-clearances; in Subsection A, after "made available" deleted "only" and after "matched by the federal" deleted "funds and other funds on the following basis: at least fifty percent federal funds not more than twenty-five percent state funds and the remainder by funds of political subdivisions" and added "land and water conservation fund state and local assistance formula grants program"; in Subsection B, in the introductory clause, after "population of less than" changed "fifteen" to "sixty-five", after "counties" deleted "sponsoring projects of unincorporated communities, including but not limited to", after "Indian" deleted "communities" and added "nations, tribes and pueblos, state parks and other political subdivisions", after "conservation fund" deleted "as prescribed and approved by the recreation priorities committee" and added "provided that", and added Paragraphs B(1) through B(4); and in Subsection C, after the first occurrence of "department of interior" deleted "bureau of outdoor recreation and grants-in-aid manual", after "state supplemental land and water conservation fund" deleted "only", after "project cost" added "except that funds may be available to provide assistance with compliance with the requirements of the National Environmental Policy Act of 1969 and related project pre-clearances", and after the second occurrence of "department of interior" deleted "and the applicant demonstrates the availability and source of funds required for its share in the total project cost".

The 1987 amendment, effective July 1, 1987, in Subsection A, inserted "energy, minerals and" preceding "natural resources" at the beginning; and, in Subsection B, in the second sentence deleted "bureau of outdoor recreation of the" preceding "United States department of the interior."