New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 3 - ADMINISTRATION OF THE NATURAL HERITAGE CONSERVATION ACT › Section 19.1.3.13 - GRANT AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				conservation project involving acquisition of a conservation or agricultural
				easement requires an appraisal that establishes the fair market value of the
				conservation or agricultural easement and meets United States treasury
				regulations and the uniform standards of professional appraisal practice before
				the department will disburse the funds to the qualified entity.
B. In addition, for conservation projects
				involving acquisition of a conservation or agricultural easement, the qualified
				entity or partner conservation entity shall provide as specified by the
				department documents including a title commitment; phase I environmental site
				assessment and, if needed based on phase I environmental site assessment, a
				phase II environmental site assessment; a title opinion certifying that the
				landowner owns the minerals rights or a report, satisfactory to the department,
				from a professional geologist that the probability of surface mining occurring
				on such property is so remote as to be negligible; and if deemed necessary by
				the department, a property boundary survey. If the landowner owns the mineral
				rights, an easement shall prohibit subsequent sale or development of mineral
				rights by the landowner granting the conservation or agricultural easement. A
				baseline documentation report of the property shall be recorded with the deed
				of conservation easement or agricultural easement in the office of the
				applicable county clerk.
C.
				Agricultural and conservation easements shall contain a provision that if a
				qualified entity, other than the department, or a partner conservation entity
				fails to enforce the easement as determined by a court or if either the
				qualified entity or conservation entity cease to exist, that the easement will
				go to another qualified entity or partner conservation entity as specified in
				the easement and agreed to by that qualified entity, or otherwise the easement
				shall become vested in the department as recommended by the department and
				other extant easement right holders. Any qualified entity's interest in an
				easement shall only go to another governmental entity. The department shall
				have the option to provide similar rights of enforcement or possession to other
				governmental entities (
e.g.
, federal partners) where such
				partners have similar rules, regulations or requirements and demonstrated
				capacity to manage or enforce easements.
D. Grant awards may be approved for use to
				pay transactional costs for easement projects such as appraisals, title
				insurance, title opinions, surveys or environmental reviews up to three percent
				of the total value of the conservation project funded or 10 percent of the
				amount of the grant, whichever is less. The committee and the department may
				consider and approve grant requests for paying only transaction costs for
				easement projects, subject to the grant being for up to three percent of the
				total value of the conservation project or $45,000, whichever is
				less.
E. Overhead and
				administrative expenses used as in-kind contributions may be no more than 10
				percent of the total cost of a project.
F. A qualified entity or conservation entity
				may use contractors or subcontractors so long as their use is explained in the
				application, all applicable procurement requirements are met and the
				contractors or subcontractors are identified by name in the application, to the
				extent known. If contractors or subcontractors are identified in the
				application, the qualified entity or entities shall include documentation in
				the application that demonstrates all applicable procurement requirements were
				met. The qualified entity or entities associated with an approved project shall
				be wholly responsible for the project execution and performance, whether or not
				contractors or subcontractors are used. Use of contractors or subcontractors
				not identified in an application shall require the department's prior written
				approval.
G. Prior to commencing
				any work, any contractors or subcontractors may be required to furnish state
				certification from insurers for coverage in the minimum amounts as designated
				by the state. Appropriate coverage shall be maintained in full force and effect
				during the term of the project and shall not serve to limit any liabilities or
				any other contractor obligations. The state and the department must be added as
				additional insured as required by statute, agreement or other
				obligation.