1. A. The "land of enchantment legacy fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and bequests made to the fund. The department of finance and administration shall administer the fund, and money in the fund is appropriated to that department to make distributions as provided in this section and for no other purpose. Any interest earned by the land of enchantment legacy fund shall be credited to the fund.

2. B. On receipt of the distribution made pursuant to Section 6-4-38 NMSA 1978, the department of finance and administration shall distribute the balance of the fund as follows:

   1. (1) twenty-two and one-half percent to the energy, minerals and natural resources department, of which:

      1. (a) fifty percent shall be allocated to the forestry division of the energy, minerals and natural resources department to carry out: 1) projects and programs pursuant to the Forest Conservation Act [68-2-1 to 68-2-27 NMSA 1978]; 2) forest and watershed management projects; 3) approved projects pursuant to the Forest and Watershed Restoration Act [68-4-1 to 68-4-6 NMSA 1978]; and 4) projects and programs pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978]; and
      2. (b) fifty percent shall be allocated for projects pursuant to the Natural Heritage Conservation Act [75-10-1 to 75-10-9 NMSA 1978];
   2. (2) twenty-two and one-half percent to the board of regents of New Mexico state university for the New Mexico department of agriculture to carry out programs and projects pursuant to the Noxious Weed Management Act [76-7D-1 to 76-7D-6 NMSA 1978], the Healthy Soil Act [76-25-1 to 76-25-5 NMSA 1978] and the Soil and Water Conservation District Act [73-20-25 to 73-20-48 NMSA 1978];
   3. (3) ten percent to the department of environment to plan, design and construct projects to improve surface water quality and river habitat statewide;

   4. (4) fifteen percent to the economic development department, of which:

      1. (a) twenty-five percent shall be allocated to the New Mexico outdoor recreation division of the economic development department to carry out projects under the outdoor equity grant program; and
      2. (b) seventy-five percent shall be allocated to the New Mexico outdoor recreation division for special projects and outdoor recreation infrastructure;
   5. (5) eight percent to the cultural affairs department to carry out projects and programs pursuant to the Cultural Properties Protection Act [Chapter 18, Article 6A NMSA 1978]; and
   6. (6) twenty-two percent to the department of wildlife to carry out projects and programs for the protection and propagation of game and fish.
3. C. Any unexpended balances from distributions made pursuant to Subsection B of this section shall revert to the conservation legacy permanent fund three fiscal years after the end of the fiscal year in which the distributions were made.
4. D. Distributions made pursuant to this section shall not be used for the purposes of eminent domain.

History: Laws 2023, ch. 26, § 3; 1978 Comp., § 75-12-2, recompiled and amended as § 6-4-38.1 by Laws 2026, ch. 37, § 2.

ANNOTATIONS

Recompilations. — Laws 2026, ch. 37, § 2 recompiled and amended former 75-12-2 NMSA 1978 as 6-4-38.1 NMSA 1978, effective July 1, 2026.

The 2026 amendment, effective July 1, 2026, revised the amount that may be distributed to certain agencies from the land of enchantment legacy fund, and provided that any unexpended balances of those distributions revert to the conservation legacy permanent fund three fiscal years after the end of the fiscal year in which the distributions were made; in Subsection A, after "shall administer the fund" added "and money in the fund is appropriated to that department to make distributions as provided in this section and for no other purpose", and after "credited to the fund" deleted "Money in the fund shall be distributed and expended only as provided in this section"; deleted former and added a new Subsection B introductory paragraph, in Paragraph B(6), after "department of" deleted "game and fish" and added "wildlife"; and in Subsection C, after "Any" deleted "unencumbered" and added "unexpended", after "shall revert to the" deleted "land of enchantment" and added "conservation", after "legacy" added "permanent", after the next occurrence of "fund" deleted "at" and added "three fiscal years after", after "fiscal year" deleted "following the fiscal year", and after "which the" deleted "funds were distributed" and added "distributions were made".

Appropriations. — Laws 2026, ch. 37, § 3, effective May 20, 2026, provided that the balance of the land of enchantment legacy fund is transferred to the conservation legacy permanent fund.