reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.10 - INITIATING A CONTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. By
				written petition. Subject to the hearing officer's ability to allow amendment
				of the petition for failure to comply with the requirements of form set out
				below when it appears to the hearing officer that the petition sets out a good
				faith claim, a contest shall be initiated by written petition, sent by
				certified or registered mail to the commissioner, which shall contain the
				following:
(1) As set out in the example (2)
				below, the caption shall designate the subject matter in reference to the
				lease, contract, easement, right of way, grant, conveyance, or other instrument
				which forms the basis of the petitioner's claims.
(2) The caption will also designate the
				petitioner by full name as such, then the respondent, if any, shall be
				designated by full name as such. A place should be provided for the proceeding
				to be numbered. The title shall be bolded and underlined. In the case of a
				contest over a grazing lease, for example, the caption should appear as
				follows:
Before the Commissioner of Public Lands
In Re State Land Office Grazing Lease No. GX-0000
Mr. And Mrs. A.B., petitioner
v Contest No. _________
X. Corp., respondent
Petition for Contest
(3) the name, mailing and e-mail addresses,
				telephone and fax numbers of the petitioner and of each respondent in the
				contest proceeding;
(4) a legible
				copy of the instrument or instruments which form the basis of the claim in
				issue;
(5) the aliquot description,
				by subdivision, section, township and range, of the land or lands in
				issue;
(6) a concise, complete
				statement of the claim or claims of the petitioner;
(7) a concise, complete statement of the
				facts giving rise to the claim or claims in issue;
(8) a statement of the relief being requested
				as to each claim; and
(9) a sworn
				statement that a copy of the "foregoing petition" has been sent to the
				commissioner and to all respondents by registered or certified mail, and the
				date when sent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.11 - HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following receipt of the acceptable contest petition, the commissioner shall,
				by order, appoint a hearing officer to preside over the administrative hearing.
				As soon as practicable, the hearing officer shall issue a scheduling order. In
				the commissioner's discretion, the commissioner may appoint a designated person
				from within the state land office who has not participated in the agency
				determination.
B. The
				commissioner's appointment of a hearing officer shall constitute a delegation
				of the commissioner's statutory powers under Section
				19-7-65
				NMSA 1978 and of the commissioner's constitutional and inherent power to
				control the conduct of administrative proceedings under the commissioner's
				jurisdiction.
C.
Ex
				parte
communication with the hearing officer is strictly
				prohibited.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.12 - PRE-HEARING DISCOVERY, CONFERENCES, AND MOTION PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to the scheduling order, the
				parties to the contest and the commissioner shall provide one another and the
				hearing officer with a written summary of their arguments and authorities, as
				well as complete lists of all witnesses (including a summary of their
				testimony) and all exhibits (including a brief summary of what each exhibit
				will be offered to prove, and a summary of its contents). Such lists shall be
				promptly updated as evidence and witnesses are added or deleted. Each party and
				the commissioner shall within 45 days after the receipt of the petition by the
				commissioner, or upon such longer period as the hearing officer may allow,
				produce to all parties and the commissioner all documents related to the
				matters in controversy, or that are reasonably calculated to lead to the
				discovery of relevant and material evidence, or that the party intends to offer
				at the hearing. All parties and the commissioner shall supplement their
				production within 10 days of discovering documents that meet the foregoing
				criteria. The scheduling order or other order of the hearing officer may
				provide such additional discovery as the hearing officer deems fair and
				appropriate. It is expected that all such discovery shall proceed without the
				necessity of any request being made to the hearing officer. The hearing officer
				shall have the right to preclude any testimony or other evidence which, in the
				hearing officer's opinion, has not been fairly and reasonably disclosed before
				the hearing.
(1) Any party or the
				commissioner, if dissatisfied with discovery, may request, in writing, that the
				hearing officer order another party to provide better or additional discovery.
				The opposing party shall respond within such time as the hearing officer
				establishes. The hearing officer may, in the hearing officer's discretion,
				allow oral argument on discovery disputes.
(2) Discovery orders of the hearing officer
				are not appealable, but may form the basis of an appeal of the decision of the
				commissioner in the matter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.13 - WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within such time
				as the hearing officer establishes in the scheduling order, each party may
				obtain from the hearing officer a subpoena for the attendance of all material
				witnesses at depositions or hearings. Consistent with applicable law or court
				rules, the hearing officer may charge a fee for the issuance of each such
				subpoena, and may establish fees for the attendance of witnesses.
B. The hearing officer may, on the hearing
				officer's own or at the request of any party or the commissioner, exclude
				witnesses for the hearing during the testimony of other witnesses or at any
				other time deemed proper or expedient.
C. All witnesses shall testify under
				oath.
D. The hearing shall proceed
				as scheduled without the attendance of a witness or a party if no prior
				notification of absence and request for an extension of time was
				received.
E. The testimony of a
				witness or party unable to attend may be preserved by deposition. The hearing
				officer may, if the hearing officer deems it helpful, accept affidavits of
				witnesses unable to attend, but will weigh their probative value as
				such.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.14 - HEARING PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				conducting the hearing, the hearing officer shall refer to, but shall not be
				bound by, the then current district court rules regarding procedure and
				evidence. Evidence not admissible under those rules may be admitted by the
				hearing officer if the hearing officer reasonably believes such admission will
				help in providing or clarifying relevant facts without substantially
				prejudicing the rights of any party. In particular, hearsay evidence may be
				admitted by the hearing officer, but shall not form the sole basis for the
				hearing officer's recommendations. The hearing officer may require any evidence
				to be submitted in writing. Decisions of the hearing officer regarding matters
				of evidence or procedure are not, in themselves, final or appealable decisions,
				but may form the basis for appealing a decision of the commissioner.
B. There shall be a formal written record of
				a contest. The commissioner shall, at the time of appointment of a hearing
				officer, appoint a state land office employee to act as the hearing officer's
				clerk, who shall receive and file all elements of the record. The hearing
				officer shall designate a court reporter to record the hearing.
C. Unless otherwise indicated by the hearing
				officer, the order of proceedings shall be as follows:
(1) In a case initiated by a show cause
				order, the commissioner shall present the commissioner's case first: opening
				statements by the commissioner, the respondent(s), and any intervenors, in that
				order; presentation of evidence by the commissioner in support of the validity
				of the proposed action or actions forming the basis of the show cause order;
				presentation of evidence by the respondent(s) in support of the status quo; and
				presentation of evidence by any intervenors in support of their position, in
				that order; and closing arguments by the commissioner, the respondent, and any
				intervenors, in that order.
(2) In
				a contest initiated by petition, the petitioner shall present the petitioner's
				case first: opening statements by the petitioner, the respondent, any
				intervenors, and the commissioner, in that order; presentation of evidence in
				support of any defense, claim, or counterclaim and any rebuttal evidence by the
				petitioner, the respondent, any intervenors, and the commissioner, in that
				order; and closing arguments by the petitioner, respondent, any intervenors,
				and the commissioner, in that order.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.15 - COSTS AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				participant in a contest proceeding, excluding the commissioner, shall be
				required, upon their first filing, to pay a non-refundable filing and
				processing fee as set forth in the schedule of fees.
B. At the earliest practicable date, the
				hearing officer shall obtain from each participant in the contest an estimate
				of time needed to present their part of the proceeding. Based on such
				estimates, the hearing officer will determine the cost of prducing a record of
				the proceedings, and, if applicable, the fee or salary for the hearing
				officer's time to conduct the proceeding. At any time prior to or following the
				hearing, the hearing officer may determine that additional costs are necessary
				if it becomes evident that more time has been, or will be required to conclude
				the proceeding. Each party except the state land office will be required to
				pay, as a deposit, the amount of all costs assessed by the hearing officer in
				order to attend the proceeding and to have their arguments and evidence
				considered.
(1) A party who prevails upon all
				issues shall be entitled to the return of their full deposit. If they prevail
				in part, their deposit shall be returned in proportion to the number of claims,
				counterclaims, and cross claims upon which they prevailed.
(2) The deposit amount remaining after a
				return of funds to the prevailing party, or parties, shall be first applied to
				all applicable costs, with the balance of each deposit returned to each losing
				party in proportion to the number of claims, counterclaims or cross claims upon
				which they did not prevail.
(3) The
				determination of the proportions set out in paragraphs one (1) and two (2)
				above shall be discretionary with the hearing officer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.16 - ALTERNATIVE DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
At any time during the pendency of a contest proceeding, the
				  parties or the commissioner may, by agreement, and upon providing written
				  notice of the agreement to the hearing officer, elect to use any form of
				  alternative dispute resolution. Upon receipt of such notice, the hearing
				  officer will, as required by the agreement of the parties, terminate or stay
				  any further actions or proceedings. Any final result achieved through
				  alternative dispute resolution shall, if agreed to by the parties and the
				  commissioner, be made binding on all by a decision of the commissioner and
				  shall be non-appealable except as otherwise provided by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.17 - DECISION OF THE COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				At the conclusion of the hearing, all parties and the commissioner shall leave
				with the hearing officer such items of evidence as the hearing officer
				requires.
B. At the conclusion of
				the hearing, the hearing officer may require such post-hearing pleadings and
				submissions as the hearing officer deems appropriate.
C. At the conclusion of the hearing, the
				hearing officer shall indicate the time within which a final report shall be
				made.
D. The hearing officer's
				final report shall be provided to all parties and to the
				commissioner.
E. Upon receipt of
				the hearing officer's final report, the commissioner shall, within a reasonable
				time, issue an order adopting, modifying, or rejecting that report. This order
				shall be the decision of the commissioner, and as such, it shall contain a
				grant or denial of the relief requested and a statement of the legal and
				factual basis for the order.
F. The
				decision of the commissioner will be filed in the lease file or other pertinent
				official record of the New Mexico state land office.
G. Each party, and each other person who has
				requested a copy, shall, after the decision of the commissioner is filed, be
				provided with a copy of the decision of the commissioner along with a statement
				of the requirements for appealing the order.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.18 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeal of the
				commissioner's decision in a contest shall be as provided in Section
				39-3-1.1
				NMSA 1978. In such an appeal, the appealing party shall be named as appellant,
				and the commissioner and other parties shall be named as appellees. The style
				of such appeal shall be, for example in the case of a contest over a grazing
				lease,
In Re State Land Office Grazing Lease
				GX-0000.
B. Failure to
				perfect an appeal of a decision of the commissioner within the time allowed by
				and pursuant to Section
				39-3-1.1
				NMSA 1978 results in that decision becoming final, binding and
				non-appealable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands - New Mexico State Land Office -
				  310 Old Santa Fe Trail - P. O. Box 1148 - Santa Fe, New Mexico
				  87501.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the promulgation, amendment, and repeal of
				  rules for the administration of the lands, resources, and assets held in trust
				  by the Commissioner of Public Lands under the terms of the Enabling Act and
				  subsequent legislation. If any provision of this rule is inconsistent with any
				  specific statutory procedures that govern rulemakings conducted by the
				  commissioner, the specific statutory procedures shall apply.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N. M. Const., art. XIII, section
				2, and in Section
				19-1-1
et seq
. NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide for the orderly and
				  lawful promulgation, amendment, and repeal of rules for the administration of
				  state trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule.
A. "commissioner" means the commissioner of
				public lands. The commissioner is the executive officer of the state land
				office and may delegate to state land office staff the performance of duties
				required of the commissioner under this rule;
B. "rule" means any written rule, regulation
				or standard, and any written amendment or repeal of a rule, regulation or
				standard, issued or promulgated by the commissioner and binding persons other
				than the commissioner or the employees of the state land office, but does not
				include:
(1) Statements, policies,
				procedures, or directives concerning only internal management of the state land
				office and not binding lessees, applicants, or the public generally;
(2) Rulings or decisions of the commissioner
				in proceedings authorized by law regarding individual leases;
(3) Actions of the commissioner in regard to
				individual leases, contracts, grants, or other instruments executed by the
				commissioner; and
(4) Any
				applications, forms, schedules of fees or any guidance documents issued by the
				commissioner to implement the rules of the commissioner unless such documents
				are required by law to be included in a rule;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.8 - PUBLIC REQUESTS FOR RULEMAKING

Current through Register Vol. 35, No. 13, July 16, 2024
Any interested person may request in writing that the
				  commissioner promulgate, amend, or repeal a rule. Within 120 days of receipt of
				  the written request, the commissioner shall either initiate formal proceedings
				  to consider the proposed rule or issue to the individual making the request, a
				  written statement of the commissioner's reasons for denial of the
				  request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.9 - COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
No rule shall be adopted by the commissioner until after the
				  commissioner provides public notice and a period for public comment of not less
				  than thirty days, except as provided in this rule for emergency
				  rules.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.10 - NOTICE OF RULEMAKING

Current through Register Vol. 35, No. 13, July 16, 2024
Notice that the commissioner intends to promulgate, amend, or
				  repeal a rule shall be given by publication in the New Mexico Register, by
				  publication in at least one newspaper of general circulation in the state, and
				  by posting on a website controlled or authorized by the commissioner. The
				  notice shall state generally the subject of the proposed rulemaking, the manner
				  in which interested persons may submit written comments and, if appropriate,
				  the time and place of any public hearing. The notice may allow comments to be
				  submitted by electronic mail. The notice shall also state where copies of the
				  proposed rule may be obtained by interested persons. Individual notice of
				  rulemaking to all state lessees, contract holders, or grantees shall not be
				  necessary, unless as may be otherwise required by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.11 - RULEMAKING HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
In the commissioner's discretion or as may be required by
				  law, the commissioner may set a public hearing to allow comments on a proposed
				  rule. Notice of such hearing shall be made as provided in
				  19.2.16.10
				  NMAC and shall be published and posted no less than 30 days prior to the date
				  of the hearing. At such hearing the commissioner shall allow all interested
				  persons, or groups of persons, reasonable opportunity to present written
				  materials, present oral comments on the proposed rule, present questions, and
				  to examine witnesses. State land office staff may appear at the hearing and
				  present testimony and answer questions from the public. If the commissioner
				  determines that oral presentation or the examination of witnesses is
				  unnecessary or impractical, the commissioner may require that the presentation
				  be submitted in writing and establish limitations on the examination of
				  witnesses. At the hearing, all interested persons shall have the opportunity to
				  review all documents or other pertinent information prepared in advance of the
				  hearing. The commissioner may designate a hearing officer to conduct the public
				  hearing. In the commissioner's discretion, the commissioner may keep the
				  rulemaking record open for a reasonable period of time after the hearing to
				  receive further written materials.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.12 - CONSIDERATION OF THE RECORD; ORDER PROMULGATING RULE

Current through Register Vol. 35, No. 13, July 16, 2024
After the close of the comment period, the commissioner shall
				  consider the contents of the rulemaking record. If the commissioner adopts a
				  rule, the commissioner shall, prior to the effective date of the rule, enter an
				  order. The order shall include a concise statement of the commissioner's
				  principal reasons for promulgating the rule and a statement of the major
				  comments adopted or rejected in promulgating the rule and the reasons for their
				  adoption or rejection. A copy of the commissioner's order shall be sent to all
				  persons who submitted written comments and provided an address, and if a public
				  hearing was held, all persons who were present at the hearing, as reflected on
				  the attendance list. Individual notice of the order to state lessees, contract
				  holders, or grantees shall not be necessary unless otherwise provided by
				  law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.13 - EFFECTIVE DATE OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon promulgation of a rule by the commissioner, the rule
				  shall be posted in the state land office for the period required by law, if
				  any, and filed as required by the State Rules Act. A rule shall be effective
				  upon publication in the New Mexico Register, unless a later date is specified
				  by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 16 - RULEMAKING PROCEDURES › Section 19.2.16.14 - EMERGENCY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
If the commissioner determines that an emergency exists
				  which requires immediate action, the commissioner may promulgate, amend, or
				  repeal a rule and post the rule in the state land office for any minimum
				  statutory period and thereafter file the rule as required by the State Rules
				  Act. The rule shall be effective immediately upon filing. An emergency rule
				  shall be designated as such in the text of the rule and shall include a
				  statement of the necessity for the emergency need for the rule. No emergency
				  rule shall continue in effect longer than 30 days unless within that time
				  period the rule is published in the New Mexico register and the commissioner
				  commences proceedings to adopt the rule under the general provisions of this
				  rule. If the commissioner commences such proceedings the emergency rule shall
				  remain in effect until a permanent rule takes effect or until the proceedings
				  are otherwise complete. In no event shall an emergency rule remain in effect
				  for more than 120 days.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands - New Mexico State Land Office
				  310 Old Santa Fe Trail - P.O. Box 1148 - Santa Fe, New Mexico
				  87501.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Future geophysical exploration permits of state trust lands,
				  excluding exploration for minerals which may be leased under 19.2.17 NMAC. This
				  part does not apply to geophysical exploration related to oil and gas
				  operations on trust lands that are currently under an oil and gas lease in good
				  standing; any geophysical exploration on those lands shall be conducted under
				  the terms of the existing oil and gas lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N. M. Const. Art. XIII; NMSA 1978
				Section
				19-10-1.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 14, 2000, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide the general terms
				  and conditions for the geophysical exploration of state trust
				  lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Commissioner"
means the New Mexico commissioner of public lands,
				and the commissioner's appointees under Section
				19-1-7
				NMSA 1978 acting within the scope of their authority. Except for the decision
				to cancel or otherwise terminate a lease, the commissioner may delegate to
				state land office staff the performance of functions required of the
				commissioner under this part.
B.
"Geophysical exploration"
means the quantitative physical study of
				the earth by reflection and refraction seismic (including dynamite sources),
				gravity, magnetic, electrical, electromagnetic or radiation methods.
C.
"Geophysical exploration
				permit"
or
"permit"
means a permit approved by the
				commissioner for geophysical exploration of trust lands.
D.
"Schedule of fees"
means a
				list of fees that must be paid for performance of certain administrative
				functions. The schedule of fees shall be published on the state land office
				website and is subject to change at the discretion of the commissioner. Unless
				otherwise noted in the schedule of fees or in this rule, the fee shall be
				non-refundable.
E.
"State
				land office"
means the New Mexico state land office.
F.
"Trust"
means the trust
				created by congress under the New Mexico Enabling Act of June 20, 1910, and
				accepted by the state of New Mexico under Articles XIII and XIV of the New
				Mexico constitution.
G.
"Trust lands"
means those lands, their natural products and all
				assets derived from them, which are under the care, custody and control of the
				commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.8 - PROHIBITION

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding the issuance of a geophysical exploration
				  permit, no person shall conduct any geophysical activity or associated surveys
				  on trust lands unless the activity is conducted in conformity with all
				  applicable local, state, and federal laws and regulations, and all necessary
				  permits have been obtained.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.9 - LANDS SUBJECT TO A GEOPHYSICAL EXPLORATION PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Geophysical exploration permits are required on all trust
				  lands on which there is no valid existing oil and gas lease,
				  specifically:
A. On all trust lands in
				which both the surface and mineral estate are held in trust, even if other
				surface leases are in existence.
B.
				On all trust lands in which only the mineral estate is held in trust. Such
				permit will allow the permittee to conduct geophysical investigations
				throughout the mineral estate; however, any access to the surface estate will
				be coordinated between the permittee and the surface owner.
C. On all trust lands in which only the
				surface estate is held in trust, even if other surface leases are in existence.
				Such permit will allow the permittee physical access to the surface for the
				purpose of conducting geophysical investigations; however, any access to the
				mineral estate shall be coordinated between the permittee and the mineral
				estate owner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.10 - APPLICATION FOR A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants for a geophysical exploration permit must contact the oil, gas and
				minerals division of the state land office in Santa Fe to verify that the trust
				lands of interest are available to permit. Interested applicants shall then
				submit a complete application for permit on forms prescribed and furnished by
				the commissioner, and shall include, without limitation, the following:
(1) A check made payable to the commissioner
				for the appropriate fees in accordance with the schedule of fees adopted by the
				commissioner. Fees will be assessed for each individual or portion of a
				geophysical exploration line considered as a single entry, and will reflect
				rates according to trust surface and mineral ownership and locations within
				restricted districts or unrestricted areas as determined by the
				commissioner;
(2) A topographic map
				of suitable scale, identified by county, township, range and section, showing
				the approximate location of all survey lines which are proposed to cross the
				applicable trust lands. The map shall be verified as to correctness by the
				applicant or the applicant's duly authorized representative; and,
(3) A proposed survey operations plan which
				shall include, without limitation, a description of the methods to be used in
				conducting the survey, a description of equipment to be used, a description of
				ingress and egress locations and a spill prevention and control plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.11 - PERMIT ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				commissioner approves an application and determines that a permit will be in
				the best interest of the trust, a geophysical exploration permit will be
				issued. The application documents will be incorporated into the permit by
				reference and the provisions of the approved application documents will be
				enforceable in the same manner as any other condition of the permit. Any
				changes to operations approved under a permit must be approved in advance in
				writing by the commissioner.
B.
				Following approval of an application, the commissioner shall prepare a
				geophysical exploration permit in accordance with this part, in duplicate, and
				mail the two originals to the applicant. If the applicant agrees to all terms
				and conditions of the proposed permit, the applicant shall sign the originals
				before a notary public and return both originals to the commissioner. The
				commissioner shall thereafter approve and execute the geophysical exploration
				permit and return one fully executed original to the permittee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.13 - RECLAMATION AND RESTORATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who enters upon trust lands for purposes of
				  geophysical exploration shall take all steps necessary to preserve and protect
				  the natural environmental conditions of such lands. The permittee shall remove
				  all stakes, markers, cables, ropes, wires or debris from disturbed areas, and
				  shall restore and reclaim all areas disturbed by the permittee's operations at
				  the conclusion of the operations, in accordance with the approved permit and
				  standards established by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.14 - FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Improvements; Waivers. Before commencement of geophysical exploration activity,
				the permittee shall execute and provide financial assurance to secure payment
				for potential injuries to tangible improvements upon the permitted area that
				may result from a permittee's activity. The commissioner shall fix the amount
				of such financial assurance in an amount not less than five thousand dollars
				($5,000.00) for each section or portion of a section of trust lands covered by
				the permit. The financial assurance instrument shall be in favor of the state,
				but held for the benefit of the state's contract purchasers, patentees, and
				surface lessees with pre-existing rights within the permitted area. Provided
				that, in lieu of said financial assurance, the commissioner may accept a waiver
				of financial assurance, duly executed or acknowledged by the owners of all
				improvements in the permitted land.
B. Blanket Bonds. The permittee may, with the
				approval of the commissioner, provide one instrument ("megabond") to cover
				financial assurance requirements under multiple permits or other instruments
				that authorize the permittee to enter trust lands. The commissioner shall fix
				the amount of the megabond, which shall be no less than twenty-five thousand
				dollars ($25,000.00).
C.
				Reclamation Bonds. Notwithstanding the provision of financial assurance under
				this part, the commissioner may require a permittee to provide for additional
				financial assurance to guarantee performance of reclamation requirements
				promulgated under state land office rules.
D. Form of Financial Assurance Instruments.
				Forms for all financial assurance instruments shall either be prescribed and
				furnished by the commissioner, or be in a form approved by the commissioner.
				Self-insurance, in any form, shall not be allowed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 17 - GEOPHYSICAL EXPLORATION ON UNLEASED STATE TRUST LANDS › Section 19.2.17.15 - SURFACE LESSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fees
				paid to the commissioner pursuant to this part for permits to conduct
				geophysical exploration on lands in which the surface is held in trust are
				consideration for access to use the surface for reasonable geophysical
				activity. State land office surface lessees are not entitled to compensation
				from permittees for access across trust land.
B. Permittees must settle with and compensate
				state land office surface lessees for actual damage to or loss of livestock,
				authorized improvements, range, crops, and other valid existing rights
				recognized by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone:
				  (505) 827-5713
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule pertains to the working relationship between the
				  commissioner of public lands and the state land trusts advisory
				  board.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the state trust lands
				  is found in Article 13, Section 2 of the constitution of New Mexico, and in
				  19-1-1 NMSA 1978. The authority to promulgate this rule is found in 19-1-2 NMSA
				  1978. Provisions authorizing the state land trust advisory board are found in
				  19-1-1.1 through 19-1-1.4 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.18 NMAC is to provide for the orderly
				  and productive working relationship between the commissioner of public lands
				  and the state land trusts advisory board.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.8 - POLICY AND MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
It is the policy of the commissioner of public lands to
				  provide the state land trusts advisory board with all information requested by
				  the board regarding the policies and procedures, rules, and financial
				  information of the New Mexico state land office. The commissioner shall
				  cooperate with the board, which shall provide advice and assistance to the
				  commissioner in protecting and maintaining the assets and resources of the
				  state trust lands, and in maximizing the income from trust assets, as mandated
				  by the constitution of New Mexico, the Enabling Act, and by state
				  statute.
A. The commissioner and staff
				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 this annual meeting, the commissioner shall inform and discuss
				the plans, goals, objectives, budget, revenue projections, asset management
				issues, and all other pertinent information regarding the state land
				trusts.
B. At least two times per
				year (in addition to the annual joint meeting with the state land trusts
				advisory board and beneficiaries), the commissioner shall meet with the board.
				The non-beneficiary board meetings shall be held when called by the chairman of
				the board, a majority of board members, or at the request of the commissioner.
				Board members may choose to participate in properly noticed meetings by
				telephone or other similar communications equipment, but only when attendance
				in person is difficult or impossible. Each board member participating by
				telephone or other similar equipment must be identified when speaking, all
				board members must be able to hear each other at the same time and hear any
				speaker, and members of the public attending the meeting must be able to hear
				any board member.
C. No action of
				the board is binding on the commissioner, who alone has the constitutional and
				fiduciary responsibility as trustee for the trusts.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.9 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the call of a meeting with the board, the commissioner
				  shall appear before the board to review and report on the policies and
				  practices of the commissioner, which may include proposed land exchanges, fee
				  setting matters, proposed land sales, litigation, rules, or other matters, at
				  the commissioner's discretion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 18 - RELATING TO STATE LAND TRUSTS ADVISORY BOARD › Section 19.2.18.10 - ADMINISTRATIVE SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commissioner shall assist the board with a secretary. The secretary shall keep
				minutes of all board meetings, retain custody of board records, and carry out
				such further duties customary of the office of secretary.
B. The commissioner shall provide written
				notice of regular meetings to board members at least three weeks prior to the
				meeting. A final written agenda prepared by the commissioner shall be available
				on the commissioner's webpage and posted in the commissioner's office at least
				72 hours prior to the meeting.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, Santa Fe, New Mexico 87501; or, P. O. Box 1148, Santa
				  Fe, New Mexico 87504-1148, Phone: (505) 827-5713.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs recreational and educational access to
				  state trust lands open to such access and assures that recreational and
				  educational access are conducted in a manner consistent with the purposes of
				  the trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the state trust lands
				  is found in N.M. Const., Art. XIII, Section 2, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 13, 2013 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.19 NMAC is to provide for the orderly
				  and lawful use of state trust lands open to recreational and educational
				  access.