HB 195 — FOREST CONSERVATION ACT AMENDMENTS

e b l e e h (9) establish and support nurseries;

n d d i = = o h (10) furnish forestry and forest fire-relatedfire- lrelated ] b ,d i a º e r i = r technical advice to the people of the state, including t e w d m a n o technical advice and projects related to the mitigation of or dadaptation mto :changing climatic conditions;

band e(11) dprovide sfinancial, ºtechnical oand trelated nassistance =to .223805.3SAAIClocal Februarygovernments 2,to 2023organize, (1:41pm)train sand kequip mlocal efirefighters -to 5prevent, -control eand asuppress nforest efires dthreatening rthe enatural lresources uof [rural Aforest dareas adaptationor tocommunities. changing climatic conditions;

andB. (11) provide financial, technical and related assistance to [others ] local governments to organize, train and equip local [fire-fighting forces ] firefighters to prevent, control and suppress forest fires threatening the natural resources of rural forest areas or communities .

[ForThe suchforestry purposes:division and the division's agents:

A.(1) shall have unrestricted access to HB 195/a Page 4 private and state lands, including the use of roads and trails to carry out forest fire suppression work;

Theand police(2) powershall ofnot thebe stateliable shallto extendcivil toaction suchfor controltrespass or for damages for acts done in the course of privatetheir forestofficial landsduties asunless shallotherwise beexpressly necessaryprovided forby contract or agreement with the preventionlandowner, andwhich suppressioncontract or agreement is made pursuant to the provisions of forestthe fires.]Forest B.Conservation Act.

TheC. [state forester ] forestry division and [his] the division's agents:

(1)The shallpolice havepower unrestrictedof accessthe to private and state lands,shall includingextend theto usesuch control of roadsprivate andforest trailslands [inas order]is tonecessary carryfor outthe forest fire HENRCºprevention and»HENRC suppression workof [C.forest fires.

theD. state forester and his agents ];

andThe hauthorization gprovided (2)in shallSubsection notA beof liablethis tosection civilwith actionrespect forto oforest tconservation, hrfire trespassprevention orand forpost-fire damagesforest forrehabilitation actsactivities, donebut innot theforest coursefire ofsuppression theiractivities, gis eto ibe kexercised officialin dutiescooperation unlessand otherwisepursuant expresslyto providedan by contract h r i s or agreement with the landowner,underlying whichlandowner contract or agreementland ismanager." hSECTION ,7. t, e u g made pursuant to the provisions of the Forest Conservation Act.

e b l e e h [and n d d i = = o h D.

the state forester and his agents may, in the l ] b ,d i a º e r i = r event of a forest fire, summon and deputize any able-bodied man t e w d m a n o to assist in suppressing the forest fire and may request tools d m :

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 6 - e a n e d r e l u [ A d and equipment under the control of or owned by the landowner or timber operator upon whose lands the forest fire is burning or whose lands are threatened by the forest fire] C.

The police power of the state shall extend to such control of private forest lands as is necessary for the HENRCºprevention and»HENRC suppression of forest fires.

Hfl1º"»Hfl1 Hfl1º D.

The authorization provided in Subsection A of this section with respect to forest conservation, fire prevention and post-fire forest rehabilitation activities, but not forest fire suppression activities, is to be exercised in cooperation and pursuant to an agreement with the underlying landowner or land manager."»Hfl1 SECTION 7.

PENALTY FOR OBSTRUCTION.--Any person obstructing the access of the [state forester or his ] forestry division of h g the energy, minerals and natural resources department or the o t hr division's agents to lands, [failing to obey any summons to g e i k appear and assist in the suppression of a forest fire or h r i s h refusing to furnish tools and equipment] as provided in Section , t, e u g [62-3-6.2 New Mexico Statutes Annotated, 1953 Compilation ] e b l e e h 68-2-8 NMSA 19781978, , is guilty of a misdemeanor and upon n d d i = = o h l ] b ,d conviction may be sentenced to not less than thirty days [ornor ]more ithan aHB º195/a ePage r5 i = r nor more than ninety days in the county jail or fined not less t e w d m a n o than one hundred dollars ($100) [or ] nor more than one thousand ddollars m($1,000), :or both such imprisonment and fine." SECTION 8.

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 7 - e a n e d r e l u [ A d dollars ($1,000), or both such imprisonment and fine." SECTION 8.

CONTRACTS FOR PROTECTION OF FOREST AREAS.--The commissioner of public lands is authorized to enter into contracts and cooperative agreements with the forestry division of the energy, minerals and natural resources department for the protection and conservation of [forest ] forests and denuded forest areas under [his ] the commissioner's jurisdiction and control and is authorized to pay the assessments thereunder from the state land office maintenance fund, provided that such contracts and agreements do not commit the use of the lands in a manner and do not entail expenditures of the maintenance fund contrary to the provisions of the act of congress dated June 20, 1910, entitled Enabling Act for New Mexico." SECTION 9.

h g "68-2-14.

ENFORCEMENT OF LAWS--INVESTIGATION OF o t hr VIOLATIONS.-- g e i k A.

The forestry division of the energy, minerals h r i s h and natural resources department is authorized to enforce all , t, e u g laws and rules [and regulations] relating to all forested, cut-cut-over eor bbrush lHB e195/a ePage h6 over or brush lands lying within the state under the following n d d i = = o h circumstances:

l ] b ,d i a º e r i = r [A.] (1) prevention and suppression of forest t e w d m a n o fires;

d(2) mlogging :and timber operations and practices;

b(3) etrespass, dwaste s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 8 - e a n e d r e l u [ A d [B.] (2) logging and timberlittering; operations and practices;

[C.]and (3)(4) trespass,conservation wasteof forests and littering;forest resources and products.

andB. [D.] (4) conservation of [commercial forest lands] forests and forest resources and products.

[InThe addition]state B.forester, all persons the state forester designates as peace officers and any other peace officers are authorized to go upon forested, cut-over or brush lands lying within the state to investigate violations of the Forest Conservation Act and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate or judge of the state for violation of the Forest Conservation Act or without warrant for violations thereof committed in their presence and shall not be liable to civil actions in trespass for acts done in discharge of their duties." SECTION 10.

TheSection state68-2-16 forester,NMSA [and]1978 all(being personsLaws [designated1959, byChapter him122, ]Section the11, state forester designates as peaceamended) officersis andamended any other peace officers are authorized to goread: upon [such lands ] forested, cut-over or brush lands lying within the state to [make investigations concerning] investigate violations of the [laws, rules and regulations] Forest Conservation Act and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate or judge of the state for violation of the [laws, rules and regulations] Forest Conservation Act or without warrant for violations thereof committed in their presence and shall not be h g liable to civil actions in trespass for acts done in discharge o t hr of their duties." g e i k SECTION 10.

Section"68-2-16. 68-2-16 NMSA 1978 (being Laws 1959, h r i s Chapter 122, Section 11, as amended) is amended to read:

hRULES ,OF t,DIVISION.--The eforestry udivision gof "68-2-16.the energy, minerals and natural resources department is authorized to make and enforce rules not in conflict with any HB 195/a Page 7 law now in force as it deems necessary for the prevention and suppression of forest fires, for the control of forest insects or diseases and for the application of commercial or silvicultural forest practices within the state.

RULESThe [ANDrulemaking REGULATIONSpower ]includes OFthe DIVISION.--Therequiring eof bregistration lof esawmills, edeclaring h forestry division of thedesignated energy,areas mineralsto andbe naturalhigh resourceshazard nfire dareas dand iclosing =them = o h department is authorized to makeentry andby enforcethe rulesgeneral [andpublic lfor ]reasonable bperiods ,dand irequiring anative ºforest evegetative rtypes ito =be rharvested regulations]or nottreated in conflictsuch withmanner any law now in force as itto tsupport eforest wpractices dthat mmaintain aand nenhance othe deemsbenefits necessaryof forforests the prevention and suppression of forest dresources mto :New Mexico.

bRules eshall dbe sprovided ºto oall tinterested nparties =upon .223805.3SAAICrequest. February 2, 2023 (1:41pm) s k m e - 9 - e a n e d r e l u [ A d [or brush] fires, [and] for the control of forest [pests] insects or diseases and for the application of commercial or silvicultural forest practices within the state.

TheNothing [rule-in making] rulemaking power includes [but is not limited to] the requiringForest ofConservation registrationAct ofshall sawmills,prevent declaringa oflandowner designatedfrom areasconverting to be high hazard fire areas and closing them to entry by the general public for reasonable periods and requiring [commercial ] native forest vegetative types to benonforest harvestedvegetative ortypes treatedfor in such mannerpurposes as torange, supportwildlife foresthabitat, practicesfarming, thatsurface maintainmining andor enhancesubdivision thedevelopment; [economic ] benefits of forests and forest resources to New Mexico.

Rulesprovided, [andhowever, regulationsany ]slash resulting from such conversion shall be providedtreated toin alla interestedmanner partiesthat uponwill request.minimize the spread of forest fires and the possibility of insect or disease epidemic." SECTION 11.

NothingSection in68-2-22 theNMSA Forest1978 Conservation(being ActLaws shall1961, preventChapter a200, landownerSection [hereafter1, ]as fromamended) convertingis forestamended vegetative types to nonforestread: vegetative types for such purposes as range, wildlife habitat, farming, surface mining or subdivision development;

provided,"68-2-22. however, any slash resulting from such conversion h g shall be treated in a manner that will minimize the spread of o t hr forest fires and the possibility of insect or disease g e i k epidemic." h r i s SECTION 11.

SectionCUTTING 68-2-22AND NMSAREMOVING 1978WOODY (beingMATERIAL LawsWITHOUT 1961,WRITTEN hCONSENT.-- ,A. t, e u g Chapter 200, Section 1, as amended) is amended to read:

e b l e e h "68-2-22.

CUTTING AND REMOVING WOODY MATERIAL WITHOUT n d d i = = o h WRITTEN CONSENT.-- l ] b ,d i a º e r i = r A.

t(1) e"owner" wmeans dany mpublic aagency, nperson, oHB (1)195/a "owner"Page means8 anypartnership, publicfirm, agency,corporation person,and drecognized magents :owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue permits or enter into agreements for the disposal of the woody material;

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 10 - e a n e d r e l u [ A d partnership, firm, corporation and recognized agents owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue permits or enter into agreements for the disposal of the woody material;

In addition, any person purchasing woody material h g from another for the purpose of resale must possess a valid o t hr bill of sale containing the date of sale, the amount of g e i k material purchased and the name, address and signature of the h r i s seller.

The written consent, bill of sale or a true copy shall h , t, e u g be carried by every person in charge of cutting, removing, e b l e e h transporting or selling the woody material and shall be n d d i = = o h exhibited to any [officer of the law, forestry agent, forest l ] b ,d i a º e r i = r ranger, forest patrolman or conservation] peace officer at t e w d m a n o [his ] the officer's requestrequest. [at any time].

This provision dshall mnot :apply to campers, HB 195/a Page 9 picnickers, hunters and persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use." SECTION 12.

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 11 - e a n e d r e l u [ A d shall not apply to campers, picnickers, hunters and [fishermen] persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use." SECTION 12.

FOREST LAND POLICY.--Recognizing that the forest makes a vital contribution to New Mexico by providing wood products, jobs, grazing, quality water, wildlife habitat, young trees, taxes and other economic benefits, it is hereby declared to be the public policy of the state to adopt forest practices that maintain and enhance such benefits and such resources and to recognize varying forest resources by employing silvicultural planning, including fire prevention [which ] that provides for the removal of trees in a manner that provides reasonable assurance for the natural or artificial h g regeneration of [commercial ] native tree species;

provided, o t hr however, nothing in this section shall be in conflict with any g e i k law now in force." h r i s h SECTION 13.

Section 68-2-25 NMSA 1978 (being Laws 1979, , t, e u g Chapter 395, Section 10) is amended to read:

e b l e e h "68-2-25.

FOREST OWNER ASSISTANCE.--Upon the request of n d d i = = o h any landowner, the state forester shall advise and encourage l ] b ,d i a º e r i = r the use of good management practices through an educational t e w d m a n o program and by providing technical forestry assistance to any dHB m195/a :Page 10 landowner for specific sites prior to and during harvesting or other forestry-related activities." SECTION 14.

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 12 - e a n e d r e l u [ A d landowner for specific sites prior to and during harvesting or other forestry-related activities." SECTION 14.

ENFORCEMENT--FOREST CONSERVATION ACT.--Any [officer of the law, forestry agent, forest ranger, forest patrolman or conservation] peace officer enforcing the provisions of the Forest Conservation Act may:

stop any vehicle or means of conveyance containing any woody material for the purpose of [making an ] inspection and investigation;

[and ] C.

Upon determination by the appropriate court that a section of the Forest Conservation Act has been violated and h g the court's issuance of an order authorizing the sale, the o t hr forestry division of the energy, minerals and natural resources g e i k department shall sell the woody material and all money h r i s collected is to be deposited into the forest land protection h , t, e u g revolving fund;

and e b l e e h D.

seize and hold any property used in violation of n d d i = = o h this section and, upon determination of the appropriate court l ] b ,d i a º e r i = r that a section of the Forest Conservation Act has been t e w d m a n o violated, keep or dispose of the property upon order of the dHB m195/a :Page 11 district court.

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 13 - e a n e d r e l u [ A d district court.

Subject to legislative appropriation, expenditures may be made from the forest land h g protection revolving fund upon vouchers signed by the state o t hr forester and warrants issued by the secretary of finance and g e i k administration:

h r i s (1) for the administration, implementation and h , t, e u g enforcement of the Forest Conservation Act;

e b l e e h (2) to administer and fund forest and n d d i = = o h watershed management projects, including acquisition of tools l ] b ,d i a º e r i = r and equipment and expenses incurred by the forestry division inHB t195/a ePage w12 din m a n o planning and supervising forest and watershed management dprojects; m :

b e d s º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e - 14 - e a n e d r e l u [ A d projects;

REPEAL.--Sections 68-2-19 and 68-2-23 NMSA 1978 (being Laws 1959, Chapter 122, Section 14 and Laws 1979, HB 195/a Page 13 Chapter 395, Section 8, as amended) are repealed.

-25 15 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .223805.3SAAIC February 2, 2023 (1:41pm) s k m e e a n e d r e l u [ A d