Maggie Hart-Stephens, New Mexico’s natural resources trustee, told the Radioactive & Hazardous Materials Interim Committee that ONRT has secured more than $14 million in settlements since 2020 and is directing those funds to restoration projects in affected communities.
“We are making some really significant progress,” Hart-Stephens said, adding that the ONRT staff is small but has pushed multiple restoration projects into implementation. She said $13 million from the Gold King Mine settlement was directed into trustee-funded restoration projects and that ONRT expects fiscal year 2025 spending near $8.3 million.
Why it matters: The trustee’s office is the state’s statutory agent under federal and state natural-resources law to assess injuries caused by hazardous releases and to seek monetary and project-based restoration. The office’s settlements create funding streams dedicated to restoration projects that often rely on local-government partners to carry out on-the-ground work.
What ONRT is working on: Hart-Stephens described current cooperative and damage-assessment work on several high-profile sites.
- Los Alamos National Laboratory: ONRT is in a cooperative assessment with the Department of Energy and co-trustees to evaluate historic contamination, including groundwater chromium plumes. Hart-Stephens said the cooperative assessment has been under way for about 15 years and that the office is seeking ways to speed a legally defensible resolution.
- White Sands Test Facility (NASA) and Holloman/Cannon Air Force Bases: ONRT has an ongoing groundwater claim and is pursuing discussions with the U.S. Department of Justice; negotiations paused amid changes in the federal administration, Hart-Stephens said. ONRT has concluded there are significant groundwater volumes affected at White Sands and described it as among the largest contamination plumes in the state.
- PFAS: ONRT is part of the state’s multi-district litigation over PFAS releases. Hart-Stephens said PFAS contamination has affected the Ogallala Aquifer and surface-water sites used by migratory waterfowl; she noted published studies showing adverse effects on wildlife and highlighted a need for early restoration to preserve water supplies.
- Grama (Grama/ Grants region) Mining District and Northeast Church Rock: ONRT is preparing strategic and trustee-council work for comprehensive assessment and remediation planning for legacy uranium mining and milling impacts.
- Cuvera/Rio Algom/BHP claim: ONRT is conducting a cooperative assessment at former uranium operations with several co-trustees; new consultants have been retained to advance the injury assessment.
Legal basis and process: Hart-Stephens summarized ONRT’s authorities as rooted in federal statutes — the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly called Superfund), the Oil Pollution Act and the Federal Water Pollution Control Act — and noted the New Mexico legislature established the ONRT office in 1993 to pursue damage claims and restoration. She described the standard sequence: preliminary assessment, injury quantification, restoration planning with community input, negotiation or litigation, then implementation of restoration projects.
Community implications and limits: The trustee emphasized ONRT’s focus is restoration of public natural resources and that the office does not compensate private individuals directly; individual losses such as livestock or private-well replacement are typically outside ONRT’s statutory authority and may be pursued through other legal remedies or programs. Hart-Stephens urged better coordination to notify adjacent landowners and stakeholders when contamination is found and encouraged earlier self-reporting by responsible parties to speed mitigation.
Ending: Hart-Stephens asked the committee for continued legislative support for ONRT’s assessment and trustee funds, and said the office will provide follow-up details on pending cooperative-assessment timelines and potential restoration plans.