A. Money in the forest land protection revolving fund may be used to administer and carry out the purposes of the Forest and Watershed Restoration Act and to fund projects authorized by the division on any lands in the state for:
- (1) on-the-ground restoration projects;
- (2) project planning;
- (3) economic development programs to advance the use of small-diameter trees and wood biomass removed for hazardous fuel reduction and forest and watershed restoration; or
- (4) workforce development for wood utilization projects.
B. A project is eligible for funding:
(1) if the project is for a public benefit and:
- (a) is part of a current state forest and watershed health plan or forest action plan, a community wildfire protection plan, other comprehensive forest and watershed treatment plan or wildlife conservation or habitat improvement plan approved by the board;
- (b) incorporates actions recommended by current plans or, where new plans are developed, seeks to integrate forest, fire and water management with community and economic development plans;
- (c) protects watersheds that are the source of drinking or irrigation water;
- (d) targets a high-risk area;
- (e) will create or maintain a buffer in or around a wildland-urban interface; or
- (f) has obtained all requisite state and federal permits and authorizations necessary to initiate the project, if the project is other than a planning project; and
- (2) when a project meets the requirements of Paragraph (1) of this subsection and includes treatment of private lands and the division makes a written determination that the incidental benefit to a private landowner is outweighed by the fire reduction or watershed restoration benefits to the state.
C. A project that is eligible for funding in accordance with Subsection B of this section shall be given priority for funding by the division if the project:
- (1) leverages federal, state, local, tribal or private sources and, if available, support from other public or private water, forest, fire, wildlife habitat or economic development programs;
(2) is in an area:
- (a) with a wood supply that can be used as biomass for energy production;
- (b) where small-diameter trees may be put to commercial use; or
- (c) where traditional forest products may be produced;
- (3) is clustered around priority areas that are able to supply a useful amount of wood products for industry;
- (4) creates incentives to increase investment by federal, state, local, tribal or private entities, including investment by downstream water users to manage forested headwaters and water sources; or
- (5) is identified by the board as a high-risk area.
History: Laws 2019, ch. 62, § 5; 2025, ch. 5, § 2.
ANNOTATIONS
The 2025 amendment, effective June 20, 2025, revised the criteria for projects eligible for funding from the forest land protection revolving fund, added projects that are eligible for funding and are identified by the forest and watershed advisory board as a high-risk area to the list of projects that are to be given priority for funding by the forestry division of the energy, minerals and natural resources department, and made certain technical corrections to conform with other sections of the NMSA 1978; in the section heading, after "Use of forest" deleted "and watershed restoration" and added "land protection revolving"; in Subsection A, Paragraph A(1), after "on-the-ground restoration" deleted "treatments" and added "projects"; in Subsection B, added new paragraph designation "(1)" and redesignated former Subparagraphs B(1) through B(4) as Subparagraphs B(1)(a) through B(1)(d), in Subparagraph B(1)(d), after "targets" deleted "an area at high risk of catastrophic wildfire" and added "a high-risk area", added new Subparagraph (B)(1)(e) and redesignated former Paragraph B(5) as Subparagraph B(1)(f), and added Paragraph B(2); in Subsection C, added Paragraph C(5); and deleted former Subsection D, which provided "Beginning July 1, 2019, sponsors may apply to the division for project funding.".