New Mexico Code § 6-4-38.1

Land of enchantment legacy fund; created; distribution
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(Effective July 1, 2026.)
A. The "land of enchantment legacy fund" is created as a nonreverting fund in the
state treasury. The fund consists of distributions, appropriations, gifts, grants, donations
and bequests made to the fund. The department of finance and administration shall
administer the fund, and money in the fund is appropriated to that department to make
distributions as provided in this section and for no other purpose. Any interest earned
by the land of enchantment legacy fund shall be credited to the fund.
B. On receipt of the distribution made pursuant to Section 6-4-38 NMSA 1978, the
department of finance and administration shall distribute the balance of the fund as
follows:
(1) twenty-two and one-half percent to the energy, minerals and natural
resources department, of which:
(a) fifty percent shall be allocated to the forestry division of the energy,
minerals and natural resources department to carry out: 1) projects and programs
pursuant to the Forest Conservation Act [68-2-1 to 68-2-27 NMSA 1978]; 2) forest and
watershed management projects; 3) approved projects pursuant to the Forest and
Watershed Restoration Act [68-4-1 to 68-4-6 NMSA 1978]; and 4) projects and
programs pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978]; and
(b) fifty percent shall be allocated for projects pursuant to the Natural Heritage
Conservation Act [75-10-1 to 75-10-9 NMSA 1978];
(2) twenty-two and one-half percent to the board of regents of New Mexico
state university for the New Mexico department of agriculture to carry out programs and
projects pursuant to the Noxious Weed Management Act [76-7D-1 to 76-7D-6 NMSA
1978], the Healthy Soil Act [76-25-1 to 76-25-5 NMSA 1978] and the Soil and Water
Conservation District Act [73-20-25 to 73-20-48 NMSA 1978];
(3) ten percent to the department of environment to plan, design and
construct projects to improve surface water quality and river habitat statewide;
(4) fifteen percent to the economic development department, of which:
(a) twenty-five percent shall be allocated to the New Mexico outdoor
recreation division of the economic development department to carry out projects under
the outdoor equity grant program; and
(b) seventy-five percent shall be allocated to the New Mexico outdoor
recreation division for special projects and outdoor recreation infrastructure;
(5) eight percent to the cultural affairs department to carry out projects and
programs pursuant to the Cultural Properties Protection Act [Chapter 18, Article 6A
NMSA 1978]; and
(6) twenty-two percent to the department of wildlife to carry out projects and
programs for the protection and propagation of game and fish.
C. Any unexpended balances from distributions made pursuant to Subsection B of
this section shall revert to the conservation legacy permanent fund three fiscal years
after the end of the fiscal year in which the distributions were made.
D. Distributions made pursuant to this section shall not be used for the purposes of
eminent domain.
History: Laws 2023, ch. 26, § 3; 1978 Comp., § 75-12-2, recompiled and amended as
§ 6-4-38.1 by Laws 2026, ch. 37, § 2.

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