Section 75-7-3 - Natural resources trustee powers and duties. - New Mexico Statutes

75-7-3. Natural resources trustee powers and duties.

A.     The natural resources trustee shall take all actions necessary to carry out the responsibilities of the natural resources trustee as provided in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the federal Water Pollution Control Act and any other applicable federal law, including the responsibility to:

(1)     act on behalf of the public to protect New Mexico's natural resources by recovering damages for injury to, destruction of or loss of those resources;

(2)     investigate injury to, destruction of or loss of natural resources;

(3)     determine the amount and cause of injury to, destruction of or loss of natural resources;

(4)     determine the liability of any person for injury to, destruction of or loss of natural resources;

(5)     assess and collect damages for injury to, destruction of or loss of natural resources, including bringing legal actions and collecting the costs of assessing and collecting the damages; and

(6)     expend money for the purposes set forth in the Natural Resources Trustee Act [75-7-1 NMSA 1978].

B.     The natural resources trustee may:

(1)     hire staff, in accordance with the Personnel Act [10-9-1 NMSA 1978], to carry out the provisions of the Natural Resources Trustee Act;

(2)     contract with economists, consultants and other experts; and

(3)     accept gifts and grants to carry out the provisions of the Natural Resources Trustee Act.  Gifts and grants accepted by the natural resources trustee shall be deposited in the natural resources trustee fund.

C.     The attorney general shall provide legal counsel and representation to the natural resources trustee and the office of the natural resources trustee.