New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.12 - PLANNING AND DEVELOPMENT LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Execution of lease. The successful bidder
				must deposit with the commissioner all amounts due for the lease sale,
				including any bonus bid, no later than five business days after the auction,
				and shall, within 30 days after the auction, enter into the lease. The
				commissioner may extend the period for entering into a lease to no greater than
				180 days after the auction. If the successful bidder does not deposit with the
				commissioner any amounts due, or enter into the lease offered by the
				commissioner, within the prescribed time periods, the commissioner may reject
				the bid and either declare another bidder to be the winner, or terminate the
				lease.
B. Lease terms. All planning
				and development leases will contain, at a minimum, such provisions as may be
				prescribed by the commissioner and must comply with all applicable laws in
				effect at the time of lease execution.
C. Conditions. The commissioner shall
				establish conditions in a planning and development lease necessary for
				providing a secure return to the trust, managing the trust land in an
				economically reasonable manner and protecting the trust land and any natural
				and cultural resources on the trust land from waste. Each lessee under a
				planning and development lease shall have an affirmative duty to diligently
				prevent and protect against trespass and waste on trust land.
D. Uses. A planning and development lease
				must designate the allowable uses of the leased trust land. The commissioner
				may establish restrictions on the uses of the trust land, including but not
				limited to restrictions contained in local land use rules, covenants, or land
				use plans.
E. Rent. Unless
				otherwise provided in a lease, rent will be paid in advance in annual
				installments.
F. Mineral
				reservation. Each planning and development lease will reserve the mineral
				estate, geothermal resources, water, and pore spaces for exploration,
				development, conservation and production and all related rights of access over,
				through or across trust land. The commissioner may, in a planning and
				development lease, agree, upon payment of a negotiated fee sufficient to
				compensate the trust based on the commissioner's evaluation of the potential
				value of the reserved rights, not to exercise these reserved rights during the
				term of the lease.
G. Easements and
				rights of way reservations. Each planning and development lease will reserve to
				the commissioner the right to grant easements and rights-of-way across trust
				land for any legal purpose. A planning and development lease may provide that
				any easements or rights-of-way so granted across leased trust land must be
				located to avoid, to the extent practicable, unreasonable interference with the
				uses allowed under the lease and to be consistent with land use and development
				plans approved by the commissioner.
H. Fish and game easement; recreational
				access permit. Unless specifically stated otherwise, a planning and development
				lease will be withdrawn by the commissioner from public use under a fish and
				game easement or under recreational access permit.
I. Water rights. Water rights developed on
				trust land under a planning and development lease must be developed pursuant to
				a separate agreement with the commissioner.
J. Other terms, rents, fees. The commissioner
				may require such other terms, rents, or fees not otherwise disallowed by this
				rule or other applicable law.