HB 175
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AN ACT
RELATING TO NATURAL RESOURCES; AMENDING SECTIONS OF THE
FOREST AND WATERSHED RESTORATION ACT; PROVIDING DEFINITIONS;
MAKING PROJECTS TO CREATE OR MAINTAIN BUFFERS IN AND AROUND
WILDLAND-URBAN INTERFACES ELIGIBLE FOR FUNDING FROM THE
FOREST LAND PROTECTION REVOLVING FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 68-4-2 NMSA 1978 (being Laws 2019,
Chapter 62, Section 2) is amended to read:
"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 HB 175
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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."
SECTION 2. Section 68-4-5 NMSA 1978 (being Laws 2019,
Chapter 62, Section 5) is amended to read: HB 175
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"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 HB 175
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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 HB 175
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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.”