A. The "natural resources trustee fund" is created in the state treasury. Money appropriated to the fund or accruing to it through gifts, grants, fees, penalties, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. Money recovered for the state by or on behalf of the natural resources trustee shall be deposited in the natural resources trustee fund. The fund shall be administered by the natural resources trustee as a separate account and may consist of subaccounts that the natural resources trustee deems necessary to carry out the purposes of the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the natural resources trustee or the trustee's designated representative. Money in the fund shall not revert to the general fund at the end of a fiscal year.

B. Pursuant to the following criteria, money in the natural resources trustee fund shall be used to carry out the provisions of the Natural Resources Trustee Act by restoring, replacing or acquiring natural resources in an area where natural resources have been injured, destroyed or lost, provided that money deposited in the fund because of injury to, destruction of or loss of natural resources in an area shall be disbursed to restore, replace or acquire natural resources in that same area:

(1) if an expenditure from the fund is necessary to comply with a court order or court-approved settlement or to match federal funds, then, pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the natural resources trustee may request a budget increase and, if approved, the amount of the expenditure is appropriated;

(2) if money is received for reimbursement of assessment costs, then the natural resources trustee may expend money for injury assessment, and money is appropriated in that amount for that purpose; and

(3) any other expenditures from the fund shall be made only pursuant to appropriation by the legislature.

C. In addition to expenditures made pursuant to Subsection B of this section, money shall be appropriated annually by the legislature from the general fund for the purpose of providing for necessary personnel and other costs of the natural resources trustee, the attorney general and the office of natural resources trustee in carrying out the provisions of the Natural Resources Trustee Act, including the cost of investigation, assessment, collection or enforcement.

D. For purposes of this section, "assessment costs" means the costs of restoration and the costs of collecting, compiling and analyzing information, statistics or data to determine damages for injuries to natural resources pursuant to the Natural Resources Trustee Act.

E. Money in the natural resources trustee fund shall be invested as other state funds are invested, and interest and earnings from the fund shall not revert to the general fund but shall be credited to the natural resources trustee fund.

History: Laws 1993, ch. 292, § 5; 2004, ch. 120, § 2; 2007, ch. 249, § 3.

The 2007 amendment, effective June 15, 2007, provides that the fund shall be administered as a separate account and may consist of subaccounts and adds Paragraph (2) of Subsection B and Subsection D.

The 2004 amendment, effective May 19, 2004, deleted the annual appropriation requirement at the beginning of Subsection B and inserted in its place: "Pursuant to the following criteria, money in the natural resources trustee fund", added new Paragraphs (1) and (2), redesignated former Paragraph (2) as Subsection C and inserted before "providing for necessary personnel" "In addition to expenditures made pursuant to Subsection B of this section, money in the natural resources trustee fund shall be appropriated annually by the legislature for the purpose of", redesignated former Subsection C as Subsection D and amended that subsection to delete language providing for appropriations to pay expenses of the natural resources trustee, the attorney general and the office of natural resource trustee and the transfer of the balance of the fund natural resources trustee fund to the game protection fund.