reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 18 - Rural Library Development › Section 18-18-3 - Rural libraries program fund created.

The "rural libraries program fund" is created in the state treasury. The fund consists of distributions from the rural libraries endowment fund that are designated for the rural libraries grant program and appropriations, gifts, interest and other money attributed to the fund. Money in the fund shall not revert at the end of a fiscal year. Money in the fund may be appropriated by the legislature to carry out the provisions of Sections 1 through 4 [18-18-1 to 18-18-4 NMSA 1978] of this 2019 act. Expenditures from the fund shall be made upon warrant of the secretary of finance and administration pursuant to vouchers signed by the state librarian or the state librarian's authorized representative.
History:
Laws 2019, ch. 165 § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 165, § 8 made Laws 2019, ch. 165 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 18 - Rural Library Development › Section 18-18-4 - Definitions.

As used in Sections 18-18-1 through 18-18-4 NMSA 1978, and to the extent allowed by law:
A. "developing rural library" means a rural library whose library staff, whether salaried or volunteer, is dedicated to delivering library services to the public for at least fifteen hours per week and on at least two days each week;
B. "established rural library" means a rural library:
(1) with permanent, salaried staff; and
(2) that offers library services to the public for at least twenty-five hours per week;
C. "rural library" means a library that is established:
(1) through an ordinance or legal resolution adopted by a political subdivision of the state and is located in:
(a) an unincorporated area of the state; or
(b) a municipality with a population on or after July 1, 2019 of three thousand or less;
(2) by a legal resolution of a tribal government in New Mexico with a tribal population on or after July 1, 2019 of three thousand or less; or
(3) as a corporation with tax-exempt status pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 and is located in:
(a) an unincorporated area of the state; or
(b) a municipality with a population on or after July 1, 2019 of three thousand or less; and
D. "specialized services" means professional development opportunities, program support, information technology support and other capacity-building services, as defined by the state librarian.
History:
Laws 2019, ch. 165 § 4; 2021, ch. 77, § 2.
ANNOTATIONS
Cross references.
— For Section 501(c) of the United States Internal Revenue Code of 1986,
see
26 U.S.C. § 501(c).
The 2021 amendment,
effective June 18, 2021, revised the definition of "rural library", and added statutory references; after "Sections", deleted "1 through 4 of this 2019 act" and added "18-18-1 through 18-18-4 NMSA 1978"; and in Subsection C, Paragraph C(1), after "located in", deleted "a municipality with a population at the time of the library's establishment of three thousand or less or is located in an unincorporated area of the state", and added Subparagraphs C(1)(a) and C(1)(b), in Paragraph C(2), after "New Mexico", deleted "and is located in a census designated place with a population at the time of the library's establishment of three thousand or less; or" and added "with a tribal population on or after July 1, 2019 of three thousand or less", and in Paragraph C(3), after "located in", deleted "a municipality with a population at the time of the library's establishment of three thousand or less or is located in an unincorporated area of the state", and added Subparagraphs C(3)(a) and C(3)(b).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-1 - [Creation of state land office; commissioner of public lands designated executive officer; powers.]

A state land office is hereby created, the executive officer of which shall be the commissioner of public lands, hereinafter called the commissioner, who shall have jurisdiction over all lands owned in this chapter by the state, except as may be otherwise specifically provided by law, and shall have the management, care, custody, control and disposition thereof in accordance with the provisions of this chapter and the law or laws under which such lands have been or may be acquired.
History:
Laws 1912, ch. 82, § 1; Code 1915, § 5178; C.S. 1929, § 132-101; 1941 Comp., § 8-101; 1953 Comp., § 7-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "who shall have jurisdiction over all lands owned in this chapter by the state" appear in the 1915 Code but not in the 1912 statute, which read: "who shall have jurisdiction over all lands now owned or hereafter acquired by the state." The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50, 19-7-51, 19-7-52, 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8 and 19-11-10 NMSA 1978.
Cross references.
— For duty to obtain data and information on state lands, and classify same,
see
19-5-1 NMSA 1978.
For constitutional duties of commissioner of public lands,
see
N.M. Const., art. XIII, § 2.
Rulemaking authority of commissioner limited.
— The commissioner has no authority to promulgate rules or regulations inconsistent with legislative enactments governing mineral leases on public lands.
Harvey E. Yates Co. v. Powell
, 98 F.3d 1222 (10th Cir. 1996).
The commissioner exceeded his authority and usurped a legislative function in promulgating the definition of "proceeds" in a rule so that it would require state lessees to pay royalties even when gas was not extracted from the leased premises.
Harvey E. Yates Co. v. Powell
, 98 F.3d 1222 (10th Cir. 1996).
Extent of commissioner's jurisdiction.
— The New Mexico legislature intended the jurisdiction of the commissioner of public lands to extend only so far as those lands acquired by the state pursuant to acts of congress. 1980 Op. Att'y Gen. No. 80-10.
Law reviews.
— For article, "The West and Its Public Lands; Aid or Obstacle to Progress?" see 4 Nat. Resources J. 1 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands §§ 1 to 3, 12 to 38.
73A C.J.S. Public Lands § 180.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-1.1 - State land trusts advisory board; members; appointment; terms.

A. The "state land trusts advisory board" is created. The state land trusts advisory board shall consist of seven members appointed by the commissioner of public lands with the advice and consent of the senate. Terms of the initial board shall be structured so that three terms shall expire on December 31, 1990, three terms shall expire on December 31, 1992 and one term shall expire on December 31, 1994; thereafter, commissioners shall be appointed for terms of six years.
B. Members of the board shall, as reasonably as possible, represent a geographical balance from across the state and shall be selected as follows:
(1) two members shall represent the beneficiaries of the state land trusts;
(2) one member shall represent the extractive industries;
(3) one member shall represent the agricultural industries;
(4) one member shall represent conservation interests; and
(5) two members shall represent the public at large.
C. No more than four members of the board shall belong to the same political party.
D. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. These expenses shall be paid from the budget of the commissioner of public lands.
History:
Laws 1989, ch. 186, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-1.2 - State land trusts advisory board; removal of members; vacancies.

A. Members of the state land trusts advisory board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given to the member. The supreme court is given exclusive jurisdiction over proceedings to remove members of the state land trusts advisory board under rules it may promulgate, and its decision in connection with these matters shall be final.
B. Any vacancy occurring on the state land trusts advisory board shall be filled by appointment of the commissioner of public lands with the advice and consent of the senate for the remainder of the unexpired term.
History:
Laws 1989, ch. 186, § 2.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-1.3 - State land trusts advisory board; organization; meetings.

At its initial meeting and biannually thereafter, the board shall elect a chairman, vice chairman and other officers as it deems necessary. The board shall meet at the call of the chairman or a majority of the members. All meetings of the state land trusts advisory board shall be in compliance with the Open Meetings Act [10-15-1 to 10-15-4 NMSA 1978].
History:
Laws 1989, ch. 186, § 3.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-1.4 - State land trusts advisory board; duties.

A. The consensus and advice of the state land trusts advisory board are intended to provide a continuity for resource management and to help the commissioner of public lands with understanding and maintaining the highest standards for maximizing the income from the trust assets, and to protect and maintain the assets and resources of the trust as required by the constitution of New Mexico, the Enabling Act for New Mexico and state statute. To that end, the board shall review the policies and practices of the commissioner of public lands and shall advise the commissioner on how such policies and practices affect and achieve those goals.
B. No action of the state land trusts advisory board shall be binding on the commissioner of public lands, who alone has the constitutional and fiduciary responsibility as trustee for the trusts.
C. The commissioner of public lands shall hold at least one meeting per year jointly with the state land trusts advisory board and the administrative head or designee of the beneficiary institutions. At annual beneficiary meetings the commissioner shall inform and discuss with the representatives of the beneficiaries and the board the plans, goals, objectives, budget, revenue projections, asset management issues and all other pertinent information regarding the state land trusts.
History:
Laws 1989, ch. 186, § 4.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-2.1 - Confidential information; penalty.

The provisions of any confidential contract, reserve data or other confidential information required to be submitted under any lease or rule or regulation of the commissioner of public lands, and which is clearly marked as confidential by the person from whom submission is required, shall be held confidential by the commissioner, his employees and his agents. Any person who willfully violates the provisions of this section shall be guilty of a misdemeanor. Nothing in this section shall be construed to prevent statistical information from being derived from the information available to the commissioner or its use in public hearings before the commissioner or in appeals from decisions of the commissioner for which such information is essential. This section shall not be construed to protect any information, even if otherwise considered confidential under this section, if such information is also available from public, non-confidential sources. Notwithstanding the provisions of any act requiring meetings of public bodies to be open, the commissioner may close that part of any meeting where confidential information covered by this section is discussed.
History:
Laws 1985, ch. 240, § 1.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-3 - Delinquent payments; interest.

When entering into contracts for the sale, lease or other disposition of public lands under his jurisdiction, the commissioner of public lands is authorized to contract for payment of interest on any payment of rental, royalty, principal interest or other indebtedness which becomes delinquent. Interest on delinquent payments shall not exceed the rate of one percent a month nor be less than one-half percent a month, for any fraction of a month. Interest shall accrue from the date the payment becomes due.
History:
1953 Comp., § 7-1-2.1, enacted by Laws 1971, ch. 96, § 1.
ANNOTATIONS
Cross references.
— For forfeiture of coal land leases for noncompliance with terms,
see
19-9-13 NMSA 1978.
For cancellation of oil and gas land leases for nonpayment of rentals,
see
19-10-20 NMSA 1978.
For cancellation of geothermal resources leases for nonpayment of rentals or royalties,
see
19-13-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-4 - [Oath and bond.]

Before entering upon the duties of his office the commissioner shall qualify by taking and subscribing an oath as prescribed by the constitution and by executing a bond to the state in the penal sum of fifty thousand dollars ($50,000), conditioned for the faithful performance of the duties of his office, and which bond, together with said oath, shall be filed in the office of the secretary of state. If such bond be executed by a surety company, the expense thereof shall be paid out of the state lands maintenance fund.
History:
Laws 1912, ch. 82, § 3; Code 1915, § 5180; C.S. 1929, § 132-103; 1941 Comp., § 8-103; 1953 Comp., § 7-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the state lands maintenance fund,
see
19-1-11 NMSA 1978.
For the oath to support constitution and laws and carry out duties of office,
see
N.M. Const., art. XX, § 1.
For the bonds required for public officers and employees, and filing of same,
see
10-2-1 NMSA 1978 et seq.
For the Surety Bond Act,
see
10-2-13 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-5 - [Land commission under Enabling Act; members; officers; locating agents.]

The commissioner of public lands shall be the third member along with the governor and attorney general of the commission created by Section 11 of the act of congress designated as the Enabling Act, approved June 20, 1910. The governor shall be chairman and said commissioner shall be secretary of said commission. The commission is authorized to employ one or more locating agents who shall be paid out of the maintenance fund provided by this chapter.
History:
Laws 1912, ch. 82, § 77; Code 1915, § 5255; C.S. 1929, § 132-189; 1941 Comp., § 8-105; 1953 Comp., § 7-1-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50, 19-7-51, 19-7-52, 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8 and 19-11-10 NMSA 1978.
Cross references.
— For the state lands maintenance fund,
see
19-1-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-6 - [Assistant commissioner; chief clerk; clerical force.]

The commissioner of public lands is hereby authorized to appoint an assistant commissioner of public lands at a salary of not to exceed two thousand five hundred ($2,500) dollars per annum. Such assistant commissioner, after filing his oath of office and such bond as the commissioner may require, shall, in the absence of the commissioner of public lands from the state capital, or in the event of a vacancy in the office of commissioner of public lands, have authority to exercise all of the duties and powers by law incumbent upon or vested in the commissioner of public lands.
The commissioner of public lands is hereby authorized to employ a chief clerk, and such additional clerical force as may be required for the proper administration of the affairs of his office. The salaries of the assistant commissioner and of the chief clerk and general clerical force shall be payable monthly, by warrant drown [drawn] on the state land maintenance fund, but the annual salary expense of the employees herein provided for shall not exceed five per centum of the income derived from state lands, exclusive of Santa Fe and Grant county bond fund lands; provided, that this act [this section] shall not be held to repeal or affect the provisions of Section 5260 [19-1-9 NMSA 1978] of the Codification of 1915.
History:
Laws 1912, ch. 82, § 4; Code 1915, § 5181; Laws 1915, ch. 73, § 1; 1919, ch. 48, § 1; C.S. 1929, § 132-104; 1941 Comp., § 8-106; 1953 Comp., § 7-1-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Assistant commissioner may not lawfully exercise any discretionary powers
vested in the commissioner by the constitution, and to that extent the act is unconstitutional. 1919 Op. Att'y Gen. No. 19-2433.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-7 - Appointment of employees as clerks to sign documents for commissioner; filing with the secretary of state.

The commissioner of public lands is authorized from time to time to appoint one or more employees of the state land office as clerks to sign the commissioner's name, under his direction and for him, to any and all patents to state lands, and any and all leases, assignments, division orders, letters, contracts, certification of copies and any other documents or instruments respecting state lands as the commissioner of public lands may enumerate in the appointing orders, and any such instruments or documents so signed shall have the same legal effect as those signed by the commissioner of public lands in person.
History:
1941 Comp., § 8-106a, enacted by Laws 1945, ch. 55, § 1; 1953 Comp., § 7-1-6; 1981, ch. 98, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-8 - Filing of official appointment; revocation; bond.

Such designated clerk or clerks shall be officially appointed by a written appointing order signed by the commissioner of public lands, bearing his official seal, which appointing order shall contain a specimen of the signature to be used by each clerk, in addition to the usual personal signature of each clerk. Any appointment may be revoked at any time by a similar order signed and filed as provided in this section. Each appointment and any revocation of appointment shall be filed in the state land office and in the office of the secretary of state and thereupon shall become effective without the necessity of being filed in any other place. Each clerk shall be under properly conditioned fidelity bond pursuant to the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978].
History:
1941 Comp., § 8-106b, enacted by Laws 1945, ch. 55, § 2; 1953 Comp., § 7-1-7; 1981, ch. 98, § 2.
ANNOTATIONS
Cross references.
— For bonds for public officers and employees,
see
10-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-9 - [Additional assistance to defend contest suits.]

The commissioner of public lands is authorized to employ such additional persons, including surveyors and attorneys, as he may deem necessary to defend contest suits brought by the United States government to determine title to school or other state lands, and to subpoena such witnesses as are deemed necessary in behalf of the state in defense of such suits, the per diem and mileage of such witnesses to be paid in accordance with the statutes made and provided therefor. The salaries and actual expenses of such additional persons, and mileage and per diem of such witnesses as are provided for in this section shall be paid from the state lands maintenance fund.
History:
Laws 1913, ch. 26, § 1; Code 1915, § 5260; C.S. 1929, § 132-201; 1941 Comp., § 8-107; 1953 Comp., § 7-1-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For state lands maintenance fund,
see
19-1-11 NMSA 1978.
For per diem and mileage payments to witnesses,
see
38-6-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-10 - [Duties and bonds of subordinates; expenses payable from maintenance fund.]

The commissioner shall prescribe the duties of his subordinates. Any subordinate may be required to give bond in such sum as the commissioner may prescribe, conditioned for the faithful performance of his duties. If any such bond be executed by a surety company, the expense thereof shall be paid out of the state lands maintenance fund.
All expenses incurred by the commissioner or his subordinates in inspecting, appraising or investigating state lands shall be paid out of said fund. All expenses incurred by the commission composed of the governor, surveyor general or other officers exercising the function of the surveyor general and attorney general in directing, locating, inspecting, appraising and investigating state lands shall be paid out of said fund.
History:
Laws 1912, ch. 82, § 5; Code 1915, § 5182; C.S. 1929, § 132-105; 1941 Comp., § 8-108; 1953 Comp., § 7-1-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For state lands maintenance fund,
see
19-1-11 NMSA 1978.
For bonds for public officers and employees,
see
10-2-1 NMSA 1978 et seq.
For Surety Bond Act,
see
10-2-13 NMSA 1978 et seq.
Purchase of automobile is legitimate expense
of the state land department and may be paid for out of the state lands maintenance fund. 1912 Op. Att'y Gen. No. 12-907.
Inspection expenditures.
— Both this section and Sections 19-5-1, 19-5-2 NMSA 1978 may be considered as being in effect and under the authority of the latter, in the procurement of detailed information and data $10,000 may be expended; however, under this section whatever is necessary "for the purpose of inspecting, appraising or investigating state lands" in dealing therewith shall also be paid out of the maintenance fund provided by Section 19-1-11 NMSA 1978 over and above the $10,000 provided by 19-5-1 NMSA 1978. 1939 Op. Att'y Gen. No. 39-3202.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-12 - State land office; expenses; how paid.

All salaries and expenses of the state land office as authorized by annual appropriation of the legislature shall be paid from the state lands maintenance fund upon vouchers in duplicate, approved by the commissioner, numbered consecutively, setting forth the accounts covered and duly itemized. One copy of the voucher shall be retained in the state land office and the other copy shall be filed with the department of finance and administration. Warrants for the payment of the voucher shall be drawn by the secretary of finance and administration upon the state lands maintenance fund.
History:
Laws 1912, ch. 82, § 7; Code 1915, § 5184; C.S. 1929, § 132-107; 1941 Comp., § 8-110; 1953 Comp., § 7-1-11; Laws 1977, ch. 247, § 84; 1989, ch. 15, § 2.
ANNOTATIONS
The 1989 amendment,
effective March 9, 1989, inserted "as authorized by annual appropriation of the legislature" in the first sentence, and made minor stylistic changes throughout the section.
Abandoned wells.
— The commissioner of public lands should plug abandoned oil and gas wells to protect lands under his control and pay costs out of state lands maintenance fund if they cannot be recovered from owner or operator. 1931 Op. Att'y Gen. No. 31-20.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-13 - Maintenance fund balance; apportionment.

Any balance remaining in the state lands maintenance fund on June 30 of each year shall be apportioned by the state treasurer among the several funds from which derived. In addition, the state treasurer shall make distributions in such amounts as the commissioner may determine to be surplus.
History:
Laws 1912, ch. 82, § 8; Code 1915, § 5185; Laws 1929, ch. 64, § 1; C.S. 1929, § 132-108; 1941 Comp., § 8-111; 1953 Comp., § 7-1-12; Laws 1971, ch. 91, § 1; 1989, ch. 15, § 3.
ANNOTATIONS
The 1989 amendment,
effective March 9, 1989, substituted "shall" for "may" in the second sentence, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-14 - [Separate accounts; payment of deficiencies; exception.]

The commissioner shall keep separate accounts of filing fees which Section eleven [11] of the Enabling Act requires to be paid to the register and receiver for each final location or selection of one hundred and sixty acres; also of the costs of all advertisements required by law or departmental regulations to be made in connection therewith; also, wherever practicable, of all necessary costs and expenses which may be incurred in the management, protection and sale or lease of all state lands; and shall charge all such expenditures and costs to the particular fund for the benefit of which the respective selections or locations are made.
Whenever there is not sufficient money in any such fund for the purposes above mentioned, the deficiency shall be paid out of any funds of the state, except interest on the public debt, and shall be repaid out of the proceeds subsequently derived from such lands; provided, this section shall not apply to lands granted for the payment of the bonds of Santa Fe and Grant counties, and the interest thereon, the expenses incident to the selection or location, management, protection and sale of which shall be defrayed in the manner prescribed by law; and provided further, that no portion of the expenses last mentioned shall be paid out of any monies derived from any other lands granted or belonging to the state.
History:
Laws 1912, ch. 82, § 9; Code 1915, § 5186; C.S. 1929, § 132-109; 1941 Comp., § 8-112; 1953 Comp., § 7-1-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 11, § 2 repealed 19-1-15 NMSA 1978, as amended by Laws 1977, ch. 247, § 85, relating to erroneous payments on account of leases or sales, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-16 - [Deposit of money derived from state lands.]

All monies derived from state lands, including permanent funds pending investment, shall be deposited by the state treasurer in accordance with law regulating deposits of state funds.
History:
Laws 1912, ch. 82, § 11; Code 1915, § 5188; C.S. 1929, § 132-111; 1941 Comp., § 8-114; 1953 Comp., § 7-1-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-19 - Public buildings at capital, permanent fund; investment.

The state investment officer shall, in the same manner provided under Section 6-8-6 NMSA 1978 for other permanent funds, assume the investment responsibility for the "public buildings at capital, permanent fund" created by Section 19-1-17 NMSA 1978.
History:
1953 Comp., § 7-1-18.1, enacted by Laws 1966, ch. 4, § 1; Laws 1977, ch. 247, § 86.
ANNOTATIONS
Compiler's notes.
— Laws 1977, ch. 247, § 97, compiled as 6-8-4 NMSA 1978, makes the director of the investment division of the department of finance and administration the state investment officer.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-21 - Copies of records; fees; use as evidence.

When requested to do so, the commissioner shall furnish copies of any records, plats, including but not limited to maps, tracings, graphs, recordings, tapes, machine printouts and other documents or instruments constituting records of the state land office, upon payment at a rate, not less than the actual cost, to be set by the commissioner by regulation. The commissioner shall charge one dollar fifty cents ($1.50) for certificate and seal which certifies any copy. Moneys so collected shall be credited to the state land maintenance fund. Any such certified copy shall be admitted as evidence in any court in the state with the same force and effect as the original.
History:
Laws 1912, ch. 82, § 76; Code 1915, § 5254; C.S. 1929, § 132-188; 1941 Comp., § 8-123; 1953 Comp., § 7-1-24; Laws 1957, ch. 145, § 1; 1971, ch. 104, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Evidence: what are official records within purview of 28 USC § 1733, making such records admissible in evidence, 50 A.L.R.2d 1197.
Proof: Federal Civil Procedure Rule 44 and Federal Criminal Procedure Rule 27, relating to proof of official records, 70 A.L.R.2d 1227, 41 A.L.R. Fed. 871.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-22 - [Contracts for potash land exploration.]

The state land commissioner is hereby expressly authorized and directed to enter into such formal agreement and contract with the secretary of the interior and the secretary of the commerce jointly as such officers are authorized to enter into with said land commissioner under the terms and provisions of the act of the Sixty-ninth Congress, No. 759, H.R. 15827, entitled: "an act to amend Section 2 of an act entitled 'an act authorizing investigations by the secretary of the interior and the secretary of commerce jointly to determine the location, extent and mode of occurrence of potash deposits in the United States, and to conduct laboratory tests'."
History:
Laws 1931, ch. 3, § 2; 1941 Comp., § 8-124; 1953 Comp., § 7-1-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The act of the sixty-ninth congress, referred to in this section, appeared as 30 U.S.C. § 4b.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-23 - [Rules and regulations for land office; posting changes.]

It shall be the duty of the commissioner of public lands to prescribe reasonable rules and regulations governing the conduct of all business of the office, and to post or publish the same for the information of the public, which rules and regulations shall not be in conflict with this or any other law now in force. Such rules and regulations shall not be changed by the commissioner except such change be posted in a conspicuous place in his office for a period of at least ten days.
History:
Laws 1921, ch. 174, § 4; C.S. 1929, § 111-304; 1941 Comp., § 8-125; 1953 Comp., § 7-1-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
Application.
— This section has general application and is to be followed in all cases unless a statute covers the particular situation, as with respect to rules and regulations pertaining to oil and gas leases in which case Laws 1929, ch. 125, § 13 (19-10-21 NMSA 1978) governs. 1945 Op. Att'y Gen. No. 45-4655.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-24 - [Publication of rules and regulations; distribution of copies.]

Within sixty (60) days after the effective date of this act, it shall be the duty of the commissioner of public lands to print all rules and regulations made by him and his predecessors in office in pursuance of law, which are in full force and effect at the time, and thereafter shall print each additional such rule or regulation when made, all in such form that the same may be conveniently preserved, and shall at all times keep on hand an adequate supply of copies thereof, and shall distribute the same to such persons as may apply therefor. The expense of such printing and distribution shall be paid as an expense of the state land office. No such rule or regulation shall be of any force or effect after the expiration of sixty (60) days from the effective date of this act, unless the same be so printed.
History:
Laws 1937, ch. 42, § 3; 1941 Comp., § 8-126; 1953 Comp., § 7-1-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1 - Commissioner of Public Lands; Disposition of Revenue › Section 19-1-25 - Renewable energy office established.

The commissioner shall establish and maintain a renewable energy office to advance the production and development of renewable energy.
History:
Laws 2023, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1A - Natural Resource Revenue Recovery (Repealed.) › Section 19-1A-1 - Repealed.

History:
Laws 2003, ch. 42, § 1; repealed by Laws 2006, ch. 21, § 2.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 21, § 2 repealed 19-1A-1 NMSA 1978, as enacted by Laws 2003, ch. 42, § 1, relating to legislative findings, effective July 1, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1A - Natural Resource Revenue Recovery (Repealed.) › Section 19-1A-2 - Repealed.

History:
Laws 2003, ch. 42, § 2; 2006, ch. 21, § 1; repealed by Laws 2006, ch. 21, § 2.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 21, § 2 repealed 19-1A-2 NMSA 1978, as enacted by Laws 2003, ch. 42, § 2, relating to the natural resource revenue recovery task force, effective July 1, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 1A - Natural Resource Revenue Recovery (Repealed.) › Section 19-1A-3 - Repealed.

History:
Laws 2003, ch. 42, § 3; 2006, ch. 21, § 2; repealed by Laws 2006, ch. 21, § 2.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 21, § 2 repealed 19-1A-3 NMSA 1978, as enacted by Laws 2003, ch. 42, § 3, relating to the termination date of the natural resource revenue recovery task force, effective July 1, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-1 - [Lands erroneously set apart to state; quitclaim to United States; selection of lands in lieu thereof.]

The commissioner of public lands is authorized to quitclaim to the United States the title to any lands set apart to the state, under grants from the United States through error of the department of the interior or local land office, and which have been patented to other persons or corporations or on which, because of erroneous descriptions, filings have been made, and to select other lands of the United States in lieu thereof.
History:
Laws 1913, ch. 37, § 1; Code 1915, § 5261; C.S. 1929, § 132-202; 1941 Comp., § 8-201; 1953 Comp., § 7-2-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Authority to quitclaim.
— The land commissioner has no authority to quitclaim to the United States unpatented land occupied by a settler. 1913 Op. Att'y Gen. No. 13-1078.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-4 - Application of act.

Nothing in this act [19-2-2 to 19-2-4 NMSA 1978] shall be construed to prevent or impair any transfer of legislative jurisdiction to this state occurring by operation of law.
Provided that the provisions of the preceding two sections [19-2-2, 19-2-3 NMSA 1978] shall be applicable to any change in the jurisdiction ceded under the provisions contained in Section 19-2-6 through 19-2-11 NMSA 1978.
History:
1953 Comp., § 7-2-1.3, enacted by Laws 1963, ch. 262, § 3.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-5 - New Mexico taxes apply in federal areas.

No person shall be relieved from liability for any tax levied by this state or by any duly constituted taxing authority of the state having jurisdiction to levy such a tax by reason of his residing within a federal area, having property within a federal area, engaging in business within a federal area or receiving income from transactions occurring or services performed in such area, with such taxes being applicable to all persons on federal areas to the extent permitted by acts of congress.
History:
1953 Comp., § 7-2-4.1, enacted by Laws 1957, ch. 224, § 1; 1983, ch. 35, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-6 - [Fort Bayard military reservation; jurisdiction ceded; limitation.]

Exclusive jurisdiction is ceded to the United States over all the territory now owned by the United States and comprised within the limits of the military reservation of Fort Bayard, in Grant county, as declared from time to time by the president of the United States, and over such lands as have been or may hereafter be acquired for the enlargement of said reservation; provided, however, that the state of New Mexico reserves the right to serve civil or criminal process within said reservation in suits or prosecutions for or on account of rights acquired, obligations incurred or crime committed in said state, but outside of such cession and reservation; and provided further, that the jurisdiction herein ceded shall continue no longer than the United States shall own and hold said reservation for military purposes.
History:
Laws 1913, ch. 35, § 1; Code 1915, § 5565; C.S. 1929, § 146-104; 1941 Comp., § 8-205; 1953 Comp., § 7-2-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Fort Bayard military reservation was transferred to treasury department for uses of the public health service by secretary of war under date of June 11, 1920, by order of the president, pursuant to § 3 of act of congress approved March 23, 1919, 40 Stat. 1303, but subject to reoccupation by the war department in case of emergency.
Laws 1921, ch. 54, § 1, recalls and withdraws the exclusive jurisdiction ceded to the United States over all of the territory occupied by the Fort Bayard military reservation and reestablishes jurisdiction of New Mexico over the same until such period as the reservation shall again be used by the United States exclusively for military purposes.
Laws 1921, ch. 54, § 2 made the act effective immediately. Approved March 8, 1921.
Cross references.
— For taxation provisions,
see
Chapter 7 NMSA 1978.
For service of civil and criminal process,
see
Rules 1-004 and 5-103 NMRA, respectively.
Marriage licenses.
— Although the military reservation of Fort Bayard was by this act ceded to the United States, the county would still have authority to issue marriage licenses to residents therein in the absence of congressional legislation. 1913 Op. Att'y Gen. No. 13-1094.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-7 - [Santa Fe national cemetery; jurisdiction ceded; limitation.]

That exclusive jurisdiction be, and the same is hereby ceded to the United States over the tract of land comprised within the cemetery known as the Santa Fe national cemetery, area about nine and one-half acres, in Santa Fe county; provided, however, that the state of New Mexico reserves the right to serve civil or criminal process within said cemetery reservation in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state but outside of said cemetery reservation.
History:
Laws 1913, ch. 36, § 1; Code 1915, § 5566; C.S. 1929, § 146-105; 1941 Comp., § 8-206; 1953 Comp., § 7-2-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service of civil and criminal process,
see
Rule 1-004 NMRA, and Rule 5-103 NMRA, respectively.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-8 - [Fort Wingate military reservation and Fort Bliss target range; jurisdiction ceded; limitation.]

That exclusive jurisdiction is hereby ceded to the United States over all the territory set apart from the public domain and comprised within the limits of the Fort Wingate military reservation, in McKinley county, and Fort Bliss target range, in Dona Ana county, and over such land as may hereafter be reserved from the public domain for the enlargement of said reservations; provided, however, that the state of New Mexico reserves the right to serve civil or criminal process within said reservations in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state, but outside of such cession and reservations; and provided further, that the jurisdiction herein ceded shall continue no longer than the United States shall own and hold said reservations for military purposes.
History:
Laws 1941, ch. 8, § 1; 1941 Comp., § 8-207; 1953 Comp., § 7-2-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Under Laws 1966, ch. 38, the state of New Mexico accepted legislative jurisdiction of an easement for right-of-way for a portion of United States highway 54 in Otero county, held by the United States within the Fort Bliss antiaircraft range military reservation.
Cross references.
— For service of civil and criminal process,
see
Rules 1-004 and 5-103 NMRA, respectively.
Licensing law exemptions.
— Under former law, neither the Contractors' Licensing Act nor the State Plumbing Act could be enforced over any person or any matter over territory which was under the exclusive jurisdiction and control of the federal government. 1951 Op. Att'y Gen. No. 51-5340.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-9 - [Veterans' administration facility at Fort Bayard; jurisdiction ceded; limitation.]

Exclusive jurisdiction be, and the same is hereby ceded to the United States over all those lands now comprising the reservation of the veterans' administration facility at Fort Bayard, Grant county, New Mexico, described as follows:
southwest quarter (SW1/4) of section 25; southeast quarter (SE1/4) of section 26; northeast quarter (NE1/4) of section 35; northwest quarter (NW1/4) of section 36, all in township 17 south, range 13 west, New Mexico principal meridian;
provided, however, that the state of New Mexico reserves the right to serve civil or criminal process within said reservation in suits or prosecutions for or on account of rights acquired, obligations incurred or crime committed outside the said reservation; and, provided further, that the jurisdiction herein ceded shall continue no longer than the United States shall own and hold said lands.
History:
1941 Comp., § 8-208, enacted by Laws 1945, ch. 23, § 1; 1953 Comp., § 7-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service of civil and criminal process,
see
Rules 1-004 and 5-103 NMRA, respectively.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-10 - Quarai and Abo state monuments; jurisdiction ceded; approval; limitations.

A. Upon receipt by the governor of a notice of intention to acquire legislative jurisdiction by the United States for the creation of a national monument, submission of the notice to the attorney general for his comments and recommendations, in accordance with Section 19-2-2 NMSA 1978, and approval of the plan for the national monument by the director of the museum division, the cultural properties review committee and the state historic preservation officer, legislative jurisdiction is ceded to the United States over lands in Torrance county comprising the Quarai and the Abo state monuments. Jurisdiction is ceded subject to the limitations stipulated in Section 19-2-3 NMSA 1978. Jurisdiction is ceded only for the purpose of incorporating land within a national monument and shall revert to the state whenever all or part of such lands are not used for this purpose.
B. All transfers hereunder shall conform to the legal descriptions of the sites as established by the museum division of the office of cultural affairs.
History:
1953 Comp., § 7-2-8.1, enacted by Laws 1974, ch. 6, § 1; 1977, ch. 246, § 43; 1980, ch. 151, § 43.