2006 New Mexico Statutes - 66-3-1018 — Board; powers and duties.

66-3-1018. Board; powers and duties.

A.     The board may cooperate with appropriate federal agencies, public and private organizations and corporations and local government units to implement the provisions of the Off-Highway Motor Vehicle Act [ 66-3-1001 NMSA 1978].

B.     The board shall:

(1)     accept and evaluate all applications for approval and certification of an off-highway motor vehicle safety training organization and approve and certify those that meet the minimum criteria;

(2)     notify the division of the off-highway motor vehicle safety training organizations that have received approval and certification;

(3)     establish minimum criteria, by January 1, 2007, to approve and certify an off-highway motor vehicle safety training organization.  The criteria shall include requirements for curriculum and materials for:

(a)     training instructors to teach off-highway motor vehicle safety;

(b)     training the public about off-highway motor vehicle safety and age-appropriate size-fit use of off-highway motor vehicles; and

(c)     teaching responsible use of off-highway motor vehicles with respect to environmental considerations, private property restrictions, off-highway motor vehicle operating laws and prohibitions against operating off-highway motor vehicles under the influence of alcohol or drugs;

(4)     implement, by January 1, 2007, a state off-highway motor vehicle safety training and certification program;

(5)     adopt and promulgate rules regarding the:

(a)     age-appropriate size-fit use of off-highway motor vehicles;

(b)     acceptance or accreditation of instruction or safety courses provided by other states; and

(c)     standards covering the specifications of eye protection and safety helmets;

(6)     recommend, with public participation and input, off-highway motor vehicle park, facility and trail locations to the state, county, tribal or local governing body or private entity that owns or administers the land upon which the park, facility or trail is located.  The board shall establish criteria to recommend locations that include consideration of off-highway motor vehicle operating laws and effects on:

(a)     wildlife and the environment;

(b)     adjacent state, county, federal, tribal and private property;

(c)     other recreational and nonrecreational uses on the same or adjacent lands; and

(d)     archaeological, cultural and historic resources;

(7)     recommend restoration or, if deemed necessary, closure of off-highway motor vehicle tracks or trails to the state, county, tribal or local governing body or private entity that owns or administers the land upon which the tracks or trails are located if they pose significant or irreversible environmental damage, a danger to users or a public nuisance as determined by the board.  The board shall consider the construction of alternative tracks or trails as part of the closure process;

(8)     accept and evaluate all applications for grants from the fund and make recommendations to the tourism department.  The board shall establish criteria for grants from the fund that include consideration of the:

(a)     applicant's financial and legal status;

(b)     applicant's management plan, including specific measures to avoid or minimize environmental damage to public and private lands and danger to users and spectators;

(c)     operating budget for the park, trail, facility or staging area; 

(d)     availability of matching funds; and

(e)     public participation and input; and

(9)     certify tour guides.