reglab/statecodes huggingface dataset:
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 19.1.3.15 - MONITORING REPORT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Qualified entities awarded grants from the fund shall submit annual reports, by
				December 1 each year, to the department for 10 years after the date of the
				acquisition of the conservation or agricultural easement or the date of a grant
				agreement for a land restoration project, unless a longer or shorter monitoring
				period is mutually agreed in writing among the department and the qualified
				entity. On joint public-private conservation projects, the qualified entity may
				delegate this requirement to a conservation entity. The designated responsible
				qualified entity or conservation entity shall document easement monitoring
				activities in perpetuity and keep all documentation available for review by the
				department at any time. Annual reporting and perpetual documentation shall
				describe the subject property's management by the landowner and include the
				details of the qualified entity's and any partner conservation entity's
				stewardship and monitoring activities. For land restoration projects, the
				report shall provide at least a qualitative assessment of the degree to which
				the project has accomplished or is accomplishing the objectives specified in
				the land restoration project application and grant agreements. Monitoring
				involves assessment of a conservation project for indications that the
				pre-specified objectives and intent are being met or that trends are in that
				direction; there is no requirement for scientific-based, cause-effect research
				and data collection unless such efforts are specifically made a part of the
				project agreement at the outset or in subsequent amendments of the agreement.
				The qualified entity or any designated partner entity shall collect sufficient
				baseline information during the first year of the project such that subsequent
				monitoring and description of change can be accomplished.
B. A qualified entity's failure to comply
				with the reporting or documentation requirements, including ensuring proper
				reporting or documentation by the conservation entity if this requirement is
				delegated, may disqualify the qualified entity from receiving future grant
				funding.
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 19.1.3.16 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The department may audit a qualified entity's or conservation
				  entity's records including stewardship records, financial statements and
				  supporting records relating to the grant award. The qualified entity shall
				  retain such documents pursuant to state and federal requirements, except for
				  stewardship records, which the qualified or conservation entity shall maintain
				  for 10 years, unless a longer or shorter period is mutually agreed in writing
				  among the department and the qualified entity. If the qualified entity is
				  partnering with a conservation entity, the qualified entity shall have a
				  written agreement with the conservation entity that requires the conservation
				  entity to maintain its records for the same time period and allow the
				  department to audit those records. The department may terminate a grant
				  agreement or disqualify a qualified entity from receiving future grants upon
				  discovery of a violation of the terms of the grant agreement or 19.1.3
				  NMAC.
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 19.1.3.17 - STATUS REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall report, including committee outcomes,
				  annually by December 15 to the governor and legislature on status of
				  applications and funded projects.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Energy, Minerals and Natural Resources
				  Department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 19.1.10 NMAC applies to all eligible entities applying
				  for a grant from the community energy efficiency development (CEED)
				  program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 19.1.10 NMAC is authorized pursuant to Subsection B of
				  62-17A-3 NMSA 1978, and Subsection E of Section
				  9-1-5 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 16, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to establish procedures for administering
				  the program, adopt application requirements and evaluation criteria, and define
				  the purposes and qualifications for which CEED program funding may be
				  utilized.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For additional definitions, refer to Section
				  62-17A-2 NMSA 1978.
A.
"Act"
means the Community
				Energy Efficiency Development Block Grant Act, 62-17A NMSA 1978.
B.
"Affordable housing
				assessment"
means a calculation of rent or a mortgage that is no more
				than thirty percent of the United States department of housing and urban
				development's state income limits as updated each year for low-income, very
				low- income residents, and residents whose income is thirty percent of the
				state median income.
C.
"Applicant"
means one or more representatives of an eligible
				entity writing an application for a CEED program grant.
D.
"Division director"
means the
				director of the department's energy conservation and management division. E.
				"Eligible entity" means an organization that may apply for a grant from the
				CEED program and includes an Indian nation, tribe, or pueblo; county;
				municipality; or the New Mexico mortgage finance authority (MFA).
F.
"Program"
means the CEED
				program administered by the division.
G.
"Type one projects"
means
				projects which have the eligibility requirements described in subsection
				19.1.10.12 NMAC.
H.
"Type two projects"
means
				projects by the MFA which have the eligibility requirements described in
				subsection
				19.1.10.13 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.8 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
Community energy efficiency projects are projects that
				  provide improvements to residential buildings in an underserved community that
				  will, in the aggregate, reduce energy consumption, energy-related operating
				  costs, carbon intensity of energy consumption, or a combination thereof. These
				  projects will target the adoption of energy-efficient consumer behavior,
				  equipment, or devices that result in a decrease in energy consumption without
				  reducing the amount or quality of energy services. This includes health and
				  safety measures, including those that use efficient equipment or devices to
				  improve indoor air or drinking water quality. It is the responsibility of the
				  applicant to demonstrate how the proposed projects correspond to these
				  requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Entity
				categories.
The CEED program will fund entities in the following
				categories when funds are available:
(1) an
				Indian nation, tribe, or pueblo;
(2) a county;
(3) a municipality; and
(4) the MFA.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.10 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application acceptance.
To apply for a CEED program grant, an
				applicant shall:
(1) obtain the
				division-developed CEED program application from the division,
(2) conform to the application instructions
				determined by the division,
(3)
				submit the completed application to the division.
Applications will be accepted by approved electronic
				  application system, or alternate submission options may be authorized by the
				  division director upon request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.11 - APPLICATION SUBMISSION CYCLE

Current through Register Vol. 35, No. 13, July 16, 2024
Contingent upon availability of funds and state
				  appropriations, the division will request applications on an annual cycle that
				  aligns with the state government's fiscal year. The division will determine and
				  announce the application due date(s) for each application cycle no less than 60
				  days before each application due date.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.13 - TYPE TWO PROJECTS: APPLICATION REQUIREMENTS FOR THE NEW MEXICO MORTGAGE FINANCE AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for CEED program type two project grant funding
				  shall include the following sections:
A.
Applicant contact
				information.
This section identifies the name, title, telephone number,
				and e-mail address for the person or persons authorized to negotiate a contract
				on behalf of the applicant entity. Identify names, titles, telephone numbers,
				and e-mail addresses of persons to be contacted for clarification.
B.
Project description.
This
				section of the application shall clearly describe the community energy
				efficiency project that is being proposed, the address of the property or
				properties where the project will take place, how the project would support
				infrastructure improvements for affordable housing that would complement and
				not duplicate other energy efficiency programs in the state; and
(1) sets forth the energy efficiency
				improvements to residential housing units, regardless of whether the
				residential housing units are located in an underserved community, provided
				that the residential housing units meet the eligibility criteria established by
				the MFA; and
(2) describes how
				energy efficiency improvements to the residential housing units will help to
				reduce the energy burden of low-income households that may not qualify for
				other energy efficiency programs in the state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.15 - APPLICATION EVALUATION CRITERIA FOR PROJECTS FROM THE NEW MEXICO MORTGAGE FINANCE AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Applications will be scored by the division based on the
				  following criteria, that include but are not limited to:
A.
Application completeness.
The
				division will review the entire application to see that it contains all
				application requirements for the specific project type.
B.
Capability to meet the scope of work
				described.
The division will consider the project timeline,
				appropriateness of energy efficiency measures to be implemented, qualifications
				of project team members including subcontractors and community partners, and
				the ability to complete the project financially if the total budget exceeds the
				amount requested.
C.
Budgetary considerations.
The division will consider the total
				proposed budget as well as the average amount requested per household,
				prioritizing applications which propose to maximize project benefits in the
				community to the greatest extent feasible. The division may ask the applicant
				for additional documents to support the proposed budget if deemed
				necessary.
D.
Energy
				reduction potential
. The division will consider the estimated reduction
				of energy use that will come from implementation of the proposed measures, the
				estimated reduction of energy cost that will come from implementation of the
				proposed measures, and the estimated reduction in carbon intensity of energy
				consumption from implementation of the proposed measures. The division will
				also consider if the community served would not be likely to otherwise receive
				energy efficiency improvements through other state programs.
E.
Geographic diversity.
The
				division will consider if the application would promote the geographic
				diversity of the portfolio of community energy efficiency projects.
F.
Partnership experience.
The
				division will consider the experience of each community partner and service
				provider identified in the application in working with the targeted underserved
				community.
G.
Additional
				criteria.
The division will consider if the application would help
				create a portfolio of community energy efficiency projects that would best meet
				the goals of the CEED Block Grant Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.16 - FINAL APPROVAL OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Indian nation, tribe, or pueblo:
If applicable based on statute,
				prior to the division's final approval of an application, an applicant that is
				an Indian nation, tribe, or pueblo must provide the division with a copy of a
				resolution enacted by the Indian nation, tribe, or pueblo that provides
				approval for a specific CEED program grant and must include in the resolution
				the terms and conditions of the grant approved by the division. If such a
				resolution is not supplied to the division, final approval of the application
				shall not be issued.
B.
County or municipality
: If applicable based on statute, prior to
				the division's final approval of an application, an applicant that is a county
				or municipality must provide a copy of the ordinance enacted by the county or
				municipality that provides the county's or municipality's formal approval for a
				specific CEED program grant and must include in the ordinance the terms and
				conditions of the grant approved by the division. If such a resolution is not
				supplied to the division, final approval of the application shall not be
				issued.
C.
New Mexico
				Mortgage Finance Authority:
(1)
Required grant of authority.
If applicable based on statute, prior
				to the division's final approval of an application from the MFA for a CEED
				program grant, the MFA shall provide the division with formal approval of the
				MFA to accept a specific CEED program grant. If this is not supplied to the
				division, final approval of the application shall not be issued.
(2)
Project coordination.
The
				division and the MFA shall coordinate the work done pursuant to CEED Program
				grants in the state to implement energy efficiency measures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.17 - FUNDING

Current through Register Vol. 35, No. 13, July 16, 2024
Funding for CEED program projects may come from state,
				  federal, other eligible funding sources, or a combination thereof.
A. If the funding source requires a set-aside
				allotment, entity categories shall have a percentage allotment of available
				funding reserved in any given fiscal year. If an allotment is not reached in
				any given entity category, the division will decide how to leverage the
				remaining funds against eligible projects.
B. If a set budgetary amount is identified in
				the application instructions, projects exceeding that amount which have
				provided justification and demonstrated need for the additional cost may
				request consideration for the increased amount, to be approved at the
				discretion of the division director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.18 - RECORD KEEPING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Successful applicants receiving CEED program grants shall
				  submit progress and expenditure reports, including a final report, in
				  accordance with the requirements of their respective contract or agreement.
				  Reporting requirements may be on a project-specific basis. The division will
				  process reimbursements for costs that are incurred no more than once per month.
				  The division will notify applicants as necessary of the funding source(s)
				  applied to their projects and any associated reporting and compliance
				  requirements associated with the funding. Applicants shall be responsible for
				  satisfying any such requirements associated with an identified funding source
				  as part of the grant solicitation or award in addition to the requirements of
				  this part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.19 - ADMINISTRATIVE AND LEGAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Environmental and cultural resources
				compliance for projects anticipating ground disturbance.
Successful
				applicants receiving CEED program funding shall provide a statement to
				demonstrate acknowledgement of compliance with all applicable federal, state,
				and local environmental and cultural resources laws.
B.
Administrative compliance.
Successful applicants receiving CEED program funding shall adhere to all
				applicable federal and state fiscal or procurement laws and any other
				applicable procurement procedures established by the division, in order to
				ensure that grant funds are expended in accordance with state and federal law
				including rules and regulations.
C.
Program oversight.
Successful applicants receiving CEED program
				funding shall be subject to periodic monitoring by the division to ensure
				compliance with applicable laws, rules, and regulations; the grant contract or
				agreement; and the program guidelines.
(1)
				Entities must cooperate fully with such evaluations, including, but not limited
				to, making all financial and program records available for inspection and
				personnel available for interview.
(2) If an entity materially fails to comply
				with the CEED program terms and conditions, whether stated in a law, statute,
				rule, regulation, assurance, application, or notice of award, the division
				director may take one or more enforcement actions, including terminating the
				grant, imposing specific conditions upon the award, or other remedies that may
				be legally available.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.20 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Written requests for a variance from any of the provisions of
				  this rule shall:
A. state the reasons
				for the variance request;
B.
				identify each of the sections of this rule for which a variance is
				requested;
C. describe the effect
				the variance will have, if granted, on compliance with this rule;
D. describe how granting the variance will
				not compromise, or will further, the purposes of this rule; and
E. indicate why the proposed variance is a
				reasonable alternative to the requirements of this rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS › Part 10 - COMMUNITY ENERGY EFFICIENCY DEVELOPMENT (CEED) PROGRAM › Section 19.1.10.21 - MAINTENANCE AND INSPECTION OF PUBLIC RECORDS ACT/CONFIDENTIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
All information obtained regarding the project, including
				  pre-applications, applications for funding, and reports are subject to
				  disclosure, in response to requests received under provisions of the New Mexico
				  Inspection of Public Records Act, Sections
				  14-2-1 to
				  14-2-12 NMSA 1978. Information
				  that could reasonably be considered to be proprietary, privileged or
				  confidential commercial or financial information must be identified as such by
				  the applicant. The division will maintain the confidentiality of that
				  information only to the extent permitted by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.1 - 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 2 - LEASING FOR GENERAL MINING › Section 19.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Article XIII, Section 2, of the New Mexico State
				  Constitution, the commissioner has jurisdiction over all lands and related
				  resources that the United States granted and confirmed to the state of New
				  Mexico under the New Mexico Enabling Act. This rule, 19.2.2 NMAC, governs the
				  exploration for and development of minerals, as defined herein, within the
				  commissioner's constitutional jurisdiction. This rule also governs reclamation
				  of trust lands affected by mining. This rule
does not apply
to
				  mining activity authorized and carried out pursuant to other rules of the
				  commissioner of public lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N. M. Const. Art. XIII; Section
				  19-1-1
et seq.
NMSA 1978; Section
				  19-6-1
et seq
. NMSA 1978; Section
				  19-7-1
et seq.
NMSA 1978; Section
				  19-8-1
et seq.
NMSA 1978; Section
				  19-14-1
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 2 - LEASING FOR GENERAL MINING › Section 19.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2001, 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 2 - LEASING FOR GENERAL MINING › Section 19.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of 19.2.2 NMAC are to obtain revenues from
				  production of minerals; to assure protection and maintenance of trust surface
				  estate and minerals; to provide standard lease terms and conditions; and to
				  provide an efficient process for mineral leasing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.8 - PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall
				explore for, extract or produce minerals unless authorized by a mineral lease
				issued under this rule.
B.
				Notwithstanding the issuance of a mineral lease or special use permit, no
				person shall conduct any mining activity unless such activity is authorized
				under a permit or other authorization issued pursuant to the New Mexico Mining
				Act or comparable law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.9 - THE NMSLO IS A LAND MANAGEMENT AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The NMSLO constitutes a "land management agency" within the
				  meaning of the regulations promulgated under the New Mexico Mining Act by the
				  mining and minerals division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.10 - RECREATION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
The premises shall not be open to recreational access under
				  Title 19 Chapter 2 Part 19,
Relating to Recreational Access to
				  State Trust Lands
.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.11 - GENERAL PROCESS FOR OBTAINING A MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
The general process for obtaining a mineral lease is as
				  follows:
First
, the area where the minerals are
				  located is shown as open to general mining on the tract books of the NMSLO (see
				  19.2.2.12
				  NMAC).
Second
, the commissioner, after determining
				  that development of minerals in the area appears to be in the best interest of
				  the trust, publishes notice of a mineral lease sale (see
				  19.2.2.14 NMAC).
Third
, the commissioner conducts a public auction at
				  which bidders compete for a mineral lease by seeking to offer the highest bonus
				  (see
				  19.2.2.15
				  NMAC,
				  19.2.2.16
				  NMAC and
				  19.2.2.17
				  NMAC). The bonus is the amount the bidder offers to pay the trust in return for
				  obtaining a mineral lease and is in addition to other payments that may be
				  required under the mineral lease or this rule, such as royalties, rents and
				  fees.
Fourth
, the highest bidder (the one offering the
				  highest bonus) submits a disclosure statement to the commissioner (see
				  19.2.2.19
				  NMAC,
				  19.2.2.20
				  NMAC and
				  19.2.2.21
				  NMAC).
Fifth
, unless the commissioner declares the
				  sale void or withdraws the subject area from general mining, the commissioner
				  and the highest bidder will enter into a mineral lease (see
				  19.2.2.22
				  NMAC and
				  19.2.2.23
				  NMAC).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.12 - LANDS OPEN TO GENERAL MINING

Current through Register Vol. 35, No. 13, July 16, 2024
Mineral leasing under 19.2.2 NMAC will be considered only in
				  areas shown as open for general mining upon the tract books of the NMSLO. The
				  commissioner may designate areas for mineral leasing based upon the
				  recommendations of the commissioner's staff or upon nomination submitted to the
				  commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.13 - COMMISSIONER MAY WITHHOLD LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision of 19.2.2 NMAC, and at
				  any time prior to execution of a mineral lease, the commissioner may, at the
				  commissioner's discretion, withhold from mineral leasing any area subject to
				  the commissioner's jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.14 - NOTICE OF SALE

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to holding a competitive bid sale for mineral leasing
				  under 19.2.2 NMAC, the commissioner will provide notice to the public. The
				  notice will set forth the place, date and time of the sale. The notice will
				  describe the area to be covered by the mineral lease and the royalty amount and
				  provide any other necessary details of the sale, including whether there shall
				  be a minimum bid and whether the sale shall be by sealed or oral bid. At least
				  ten days prior to the date of sale, NMSLO will post the notice in a conspicuous
				  place in the New Mexico state land office building in Santa Fe, New Mexico,
				  publish it in a paper of local circulation where the minerals are located and
				  mail it to all persons who have requested such notice in
				  writing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.15 - APPLICATION AND BIDDING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
When the commissioner decides to offer a mineral lease for
				  sale, the commissioner will auction the lease by requesting sealed or oral bids
				  in accordance with the notice of sale. Persons shall bid by offering to pay a
				  bonus for the mineral lease. Unless the commissioner declares the sale void or
				  withholds the subject area from general mining, the commissioner and the
				  highest bidder will enter into a mineral lease after payment in full of the
				  bonus and first-year's rent. (The "highest bidder" is the person who offers the
				  highest bonus.)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.16 - SEALED BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
If the commissioner decides to conduct the public auction by
				  sealed bid, this section shall govern the bidding process.
A. Bidders shall submit their bid to the
				commissioner in a sealed envelope pursuant to the instructions provided in the
				notice of sale. The sealed envelope shall include a completed mineral lease
				application, which shall be in a form prescribed by the commissioner; and
				payment of the non-refundable application fee as set forth in the schedule of
				fees. Bidders shall offer and set out the amount of their bid on the mineral
				lease application.
B. Bids shall be
				received up to the hour set in the notice of sale, and all bids will be opened
				at the appointed hour.
C. The
				bidder offering the highest bonus shall be deemed the highest bidder.
D. Subject to
				19.2.2.13
				NMAC and
				19.2.2.22
				NMAC, the commissioner shall enter into a mineral lease with the highest bidder
				pursuant to
				19.2.2.23
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.17 - ORAL BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
If the commissioner decides to conduct the public auction by
				  oral bid, this section shall govern the bidding process.
A. Bidders shall register with NMSLO and
				obtain an identification number pursuant to the instructions in the notice of
				sale.
B. Bidders shall make their
				bids orally at the time and place specified in the notice of sale.
C. The bidder offering the highest bonus
				shall be deemed the highest bidder. Provided, however, that before close of
				business on the day of the auction, the highest bidder must submit a completed
				mineral lease application to the commissioner and pay the non-refundable
				application fee as set forth in the schedule of fees.
D. Subject to
				19.2.2.13
				NMAC and
				19.2.2.22
				NMAC, the commissioner shall enter into a mineral lease with the highest bidder
				pursuant to
				19.2.2.23
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.18 - TIE BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event the sale is by sealed bids and two or more
				  bidders submit the highest bonus, then the commissioner may provide written
				  notice of a tie to all bidders for the tract. Such notice may request the
				  bidders to offer an additional bonus in the manner specified in the
				  notification letter. Alternatively, the commissioner may declare the sale
				  void.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.19 - DISCLOSURE STATEMENT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within fifteen days of being notified that it is the highest bidder, the
				highest bidder shall either submit a new disclosure statement to NMSLO or
				supplement an active disclosure statement previously submitted to NMSLO under
				19.2.2.21 NMAC.
B. A person with
				personal knowledge of the information supplied shall sign and acknowledge the
				disclosure statement under oath.
C.
				The highest bidder shall assure that its disclosure statement is correct,
				accurate and complete. Before issuing a mineral lease, the commissioner may
				require the highest bidder to provide additional information or clarification.
				The highest bidder may be disqualified if the commissioner determines that the
				disclosure statement substantially misrepresents the highest bidder's
				qualifications or environmental compliance history. If such misrepresentation
				is discovered after the lease is executed, then the commissioner may cancel the
				lease and the lessee shall forfeit all rent, bonus and all other sums paid on
				account of the lease. However, in determining the correctness, accuracy and
				completeness of the disclosure statement, the commissioner will not consider
				new or changed circumstances occurring after the mineral lease is
				issued.
D. Pursuant to Section
				19-1-2.1
				NMSA 1978, the commissioner shall hold confidential "any confidential contract,
				reserve data or other confidential information" in the disclosure statement
				that is clearly marked as "confidential". Only information that is actually
				covered under Section
				19-1-2.1
				NMSA 1978 will be held as confidential.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.20 - CONTENTS OF DISCLOSURE STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The highest bidder shall provide the following information in
				  its disclosure statement:
A. identity
				of the highest bidder's predecessor and parent organizations and affiliates, if
				any;
B. description of the highest
				bidder's previous mining experience, including a list of mines currently or
				previously operated by the highest bidder;
C. list of any and all financial assurances
				designed to assure performance of an obligation that the highest bidder has
				forfeited in the past ten years. (If the highest bidder is a corporation,
				partnership, limited liability company or the like, include in the list all
				forfeitures of entities identified in subsection A);
D. list of any and all penalties and fines in
				excess of five hundred dollars that the highest bidder has paid in the past ten
				years for violating or allegedly violating any permit or law whose primary
				purpose is to protect or assure reclamation of the environment;
E. list of all persons who could exercise
				management control over how the highest bidder conducts mining
				activity;
F. type of minerals (if
				known) and basis for believing a successful mine can be established in the area
				of interest;
G. proposed methods of
				exploration and extraction (if known);
H. descriptions of any mitigating
				circumstances that may help explain negative information (such as payment of
				penalties, etc); and
I. other
				information requested by the commissioner that is pertinent to assessing the
				highest bidder's qualifications, environmental track record and intentions
				regarding the area to be covered by the mineral lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.21 - PRE-QUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may apply to become pre-qualified to be eligible
				  to obtain a mineral lease by submitting a disclosure statement to the
				  commissioner. Unless submitted for the purpose of obtaining the commissioner's
				  approval for assignment of a particular lease, the disclosure statement need
				  not reference any particular sale, tract or proposed mining project. The
				  commissioner shall evaluate the disclosure statement as soon as practicable and
				  notify the person, in writing, whether or not the person would be considered a
				  qualified potential lessee. Pre-qualification under this section shall lapse
				  automatically two years after it is submitted, at which time another disclosure
				  statement may be submitted. Notwithstanding a person's pre-qualification under
				  this section, the commissioner reserves the right to require submission of
				  additional information.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.22 - COMMISSIONER'S RIGHT TO DECLARE SALE VOID

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to execution of a lease, the commissioner may determine
				  that the mineral sale is not in the best interest of the trust and declare the
				  sale void. The commissioner may declare a sale void if the commissioner
				  determines that the bids are too low, not in accordance with law or otherwise
				  not in the best interest of the trust. The commissioner may declare a sale void
				  based on the disclosure statement or other information available to the
				  commissioner. Prior to declaring a sale void under this section, the
				  commissioner may provide the highest bidder with an opportunity to submit
				  additional or new information, explanation or argument as to why the sale
				  should not be declared void.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.23 - MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless the
				commissioner declares the sale void or withholds the lands from mining, the
				commissioner and the highest bidder shall enter into a mineral lease. The
				commissioner shall prepare a proposed mineral lease in accordance with this
				rule, in triplicate, and mail all three originals to the highest bidder. If the
				highest bidder agrees to all terms and conditions of the proposed mineral
				lease, the highest bidder shall sign the originals and return all three to the
				commissioner, together with a certified check or money order covering the
				offered bonus and first-year's rent. The commissioner shall thereafter sign the
				mineral lease and return one fully executed original to the highest
				bidder.
B. Mineral leases are to be
				made upon forms prescribed and furnished by the commissioner and shall, in
				addition to the terms set out in this rule, contain such terms as the
				commissioner deems necessary.
C.
				Leases issued under 19.2.2 NMAC shall cover a specified area conforming to a
				legal subdivision or subdivisions. The area covered shall not exceed sixteen
				subdivisions, being six hundred and forty acres more or less, all of which
				shall be contiguous. Provided, however, that leases issued in exchange for
				existing permits as provided by Section
				19-8-17
				NMSA 1978 need not be contiguous if all legal subdivisions are located within
				the same township and range.
D. The
				commissioner will not issue a mineral lease in the name of more than two
				persons. The commissioner will recognize only those persons named on the lease,
				or an approved assignment of a lease, as the lessee of record. In the case of a
				trust, the trust must be express and in writing, and a copy of the declaration
				of trust must be filed with the commissioner. If more than two trustees are
				named, the lease shall be granted in the names of no more than two trustees
				acting as attorneys-in-fact for all trustees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.24 - RECLAMATION PLAN REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding the issuance of a mineral lease, no mining
				  activity shall be conducted on trust surface estate except in accordance with a
				  written reclamation plan approved by the commissioner. Reclamation plans
				  consist of the mining permit or other authorizations issued by the permitting
				  agency and any supplemental requirements deemed necessary by the commissioner
				  to assure adequate protection and reclamation of trust surface estate. Upon
				  approval by the commissioner, the reclamation plan shall automatically be
				  incorporated into the mineral lease without the necessity of further agreement
				  between the lessee and the commissioner. A violation of the reclamation plan
				  shall constitute a violation of the mineral lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.25 - OBTAINING PERMIT FROM THE PERMITTING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The lessee shall apply for a permit from
				the permitting agency in accordance with the New Mexico Mining Act or
				comparable law, whichever applies. The lessee shall submit copies of its permit
				application and all supporting documents to the commissioner at the same time
				that it submits these materials to the permitting agency. The lessee shall also
				promptly submit copies to the commissioner of all correspondence, reports and
				other documents regarding the lessee's permit application.
B. The lessee's permit application and
				supporting documents shall fully disclose the intended mining activity to the
				permitting agency and the commissioner. The commissioner will review the
				lessee's application and supporting documents and participate in the permitting
				process.
C. If the permitting
				agency requires the land management agency or landowner to approve a proposed
				permit prior to issuance, the commissioner may withhold such approval if the
				commissioner determines that a proposed mining activity is not in the best
				interest of the trust. At the written request of the commissioner, the lessee
				shall withdraw any such proposed mining activities from its permit
				application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.26 - SUPPLEMENTAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. After
				the lessee obtains the permit or other final authorization from the permitting
				agency in accordance with 19.2.2.25 NMAC, the lessee shall submit a complete
				and accurate copy of the permit or other authorization to the commissioner. The
				commissioner will review the permit or other authorization to determine whether
				to include any supplemental requirements in the reclamation plan.
B. If the commissioner determines that
				supplemental requirements are needed, the commissioner will notify the lessee
				of the specific areas of concern, and the lessee shall thereafter propose
				supplemental requirements to address these concerns. The commissioner will
				review the lessee's proposal and notify the lessee of any deficiencies, which
				the lessee shall address in a subsequent submittal. The process of submittal
				and review shall be repeated until the commissioner approves the lessee's
				proposed supplemental requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 2 - LEASING FOR GENERAL MINING › Section 19.2.2.27 - ISSUANCE OF RECLAMATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
After the permitting agency issues the mining permit or other
				  authorization and commissioner reviews the permit and approves any supplemental
				  requirements, the commissioner will prepare a reclamation plan. The reclamation
				  plan will consist of the permit or other authorization issued by the permitting
				  agency, incorporated by reference, and any supplemental requirements imposed by
				  the commissioner. The lessee shall sign and acknowledge the plan, in
				  triplicate, and return all three originals to the commissioner. The
				  commissioner shall thereafter approve the reclamation plan by signing the plan,
				  in triplicate, and returning one fully executed original to the
				  lessee.