A. The "natural resources trustee" is created. The trustee is appointed by and serves at the pleasure of the governor pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act and any other applicable federal law. The natural resources trustee shall act on behalf of the public as trustee of natural resources within the state or belonging to, managed by, controlled by or appertaining to the state, including protecting and representing the state's interest under applicable federal laws regarding injury to, destruction of or loss of natural resources in the state.
B. The "office of natural resources trustee" is created. The office shall be administratively attached to the department of environment. The administrative head of the office of natural resources trustee is the natural resources trustee. For purposes of this subsection, the term "administratively attached" means the same as specified in Section 9-1-7 NMSA 1978.
History: Laws 1993, ch. 292, § 2; 2007, ch. 249, § 2.
ANNOTATIONSFederal acts. — The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is found at 42 U.S.C. § 9601 et seq. The federal Water Pollution Control Act is found at 33 U.S.C. § 1251 et seq.
The 2007 amendment, effective June 15, 2007, clarifies the reference to the Superfund Amendments and Reauthorization Act as being to the federal act.