NM EMNRD

August 18, 2003

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FOR IMMEDIATE RELEASE: March 22, 2005
CONTACT: Laura J. Mulry

505-476-3226, cell: 505-690-1689

Mining Bills Pass to Extend, Streamline Coal Act

SANTA FE – The regulation of coal mining in New Mexico just got easier. The Mining and Minerals Division of the Energy, Minerals and Natural Resources Department announced today that two important bills have been approved by lawmakers and are now awaiting the Governor’s signature. Both bills, sponsored by Representative Jeannette O. Wallace, impact the Coal Surface Mining Act, which is the law that regulates Coal Mining in New Mexico. House Bill 306 extends the date for sunset of the Coal Mining Commission to 2014, and also eliminates the sunset of the Coal Surface Mining Act entirely. House Bill 311 simplifies the appeal process specified in the Coal Surface Mining Act.

“The mining act continues to protect public health and this legislation allows us to do so more efficiently,” said Bill Brancard, director of the Mining and Minerals Division. “We worked cooperatively with the coal industry and environmental groups to create legislation that would benefit all.”

Had the sunset provisions of the Coal Surface Mining Act not been changed by legislation this year, the entire coal surface mining reclamation program and the abandoned mine land program in the Mining and Minerals Division would have terminated on July 1, 2006. Both programs are very important to the state. The coal mine reclamation program regulates coal mining in New Mexico to ensure that mining is conducted in a manner that protects human health and safety and is not hazardous to the environment. The abandoned mine land program has safeguarded more than 4,000 dangerous mine features in New Mexico; there are estimated to be more than 15,000 mine openings that still need to be safeguarded. Reclamation or the work of backfilling, resurfacing and seeding native vegetation of abandoned or closed coal mines has also resulted in the creation of hundreds of jobs.

Other improvements to the Coal Surface Mining Act include streamlining the appeal process for coal operators and the public. The current appeal process involves a lengthy 3-step appeal process. The new legislation eliminates one level of appeal, helping to bring resolution of an appeal in a shorter time frame and by so doing saves the state money.

If you wish to learn more about the new law and the Coal Surface Reclamation Program within the Mining and Minerals Division please go to the Department website at and click on Mining and Minerals.

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