NMSA 1978, § 68-4-1 Short title
68-4-1. Short title
Sections 1 through 6 [68-4-1 to 68-4-6 NMSA 1978] of this act may be cited as the "Forest and Watershed Restoration Act".
Laws 2019, ch. 62, § 1.
Forest and Watershed Restoration
NMSA 1978 ch. 68, art. 4
in effectNMSA 1978, § 68-4-2 Definitions
68-4-2. Definitions
As used in the Forest and Watershed Restoration Act:
A. "board" means the forest and watershed advisory board;
B. "buffer" means an area treated to reduce wildfire fuel in order to act as a barrier between properties to limit and halt the spread of wildfire and provide a safe zone for firefighters to engage with wildfires;
C. "division" means the forestry division of the energy, minerals and natural resources department;
D. "high-risk area" means an area having a high probability of wildfire that is likely to spread to projects, structures or wildland-urban interfaces;
E. "project" means:
(1) a large-scale forest and watershed restoration project on any lands in the state that:
(a) increases the adaptability and resilience to recurring drought and extreme weather events of the state's forests and watersheds;
(b) protects water sources;
(c) reduces the risk of wildfire, including planning for watershed conservation; or
(d) restores burned areas or thins forests and includes a related economic or workforce development project or a wildlife conservation or habitat improvement project; or
(2) a project that creates or maintains a buffer in or around a wildland-urban interface;
F. "sponsor" means a federal, state or local government agency, tribal entity, corporation or organization that applies for a project or is conducting a project in conjunction with the division;
G. "structure" means a constructed object, including residential or commercial buildings and outbuildings such as barns and sheds; and
H. "wildland-urban interface" means the area, line or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetation fuels.
Laws 2019, ch. 62, § 2; 2025, ch. 5, § 1.
NMSA 1978, § 68-4-3 Forest and watershed advisory board created; membership; appointments; terms; compensation
68-4-3. Forest and watershed advisory board created; membership; appointments; terms; compensation
A. The "forest and watershed advisory board" is created and is administratively attached to the energy, minerals and natural resources department. The board consists of the following members:
(1) the New Mexico state forester;
(2) the state engineer or the state engineer's designee;
(3) the commissioner of public lands or the commissioner's designee;
(4) the secretary of economic development or the secretary's designee;
(5) the secretary of environment or the secretary's designee;
(6) the director of the department of game and fish [department of wildlife] or the director's designee;
(7) the state fire marshal or the fire marshal's designee; and
(8) three public members appointed by the governor from a list of nominees submitted to the governor jointly by the president pro tempore of the senate and the speaker of the house of representatives:
(a) one of whom shall be a representative of the forest products industry;
(b) one of whom shall be a representative of local government interests, such as a member of New Mexico counties or the soil and water conservation commission; and
(c) one of whom shall be a representative of an academic or nonprofit conservation organization with a focus on ecological restoration science.
B. Public members of the board shall serve until their successors have been appointed.
C. A majority of the members of the board constitutes a quorum for transaction of business. The board shall elect a chair from among its members.
D. Members of the board are entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
Laws 2019, ch. 62, § 3.
NMSA 1978, § 68-4-4 Board; division; powers and duties
68-4-4. Board; division; powers and duties
A. The board shall:
(1) recommend guidelines, protocols and best management practices for projects;
(2) foster partnerships and cooperation among federal, state and county agencies, tribal entities, political subdivisions of the state, soil and water conservation districts, the forest products industry and other public or private organizations dedicated to forest and watershed conservation and restoration programs or projects or wildlife conservation or habitat improvement programs or projects for the purpose of co-funding or leveraging funding for priority projects; and
(3) evaluate and recommend projects to the division for funding.
B. The division may:
(1) seek and accept all public and private funds and gifts, devises, grants and donations from others to carry out the provisions of the Forest and Watershed Restoration Act;
(2) beginning July 1, 2019, provide partial or full funding for approved projects and facilitate and coordinate funding from multiple sources for projects, when appropriate; and
(3) adopt rules to carry out the purposes of the Forest and Watershed Restoration Act.
Laws 2019, ch. 62, § 4.
NMSA 1978, § 68-4-5 Use of forest land protection revolving fund; project evaluation and prioritization
68-4-5. Use of forest land protection revolving fund; project evaluation and prioritization
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.
Laws 2019, ch. 62, § 5; 2025, ch. 5, § 2.
NMSA 1978, § 68-4-6 Report by division
68-4-6. Report by division
At least forty-five days prior to each legislative session, the division shall submit a report concerning its activities, the projects implemented and any recommended legislation to the governor and the legislature.
Laws 2019, ch. 62, § 6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18571/index.doFetched: 10/20/2026