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 2 - LEASING FOR GENERAL MINING › Section 19.2.2.28 - STRICT COMPLIANCE WITH RECLAMATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall conduct mining activity in strict compliance
				  with an approved reclamation plan. The reclamation plan in effect at any given
				  time authorizes only such mining activity as is authorized under the permit or
				  other authorization issued by the permitting agency and expressly incorporated
				  by reference into the plan.
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 19.2.2.29 - ADDITIONAL RECLAMATION PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall obtain an additional reclamation plan before
				  conducting any mining activity that is not authorized under its existing
				  reclamation plan. The lessee shall obtain the additional reclamation plan to
				  cover the new mining activity by following the procedure set out in
				  19.2.2.25
				  NMAC through
				  19.2.2.27
				  NMAC. The original and all additional reclamation plans approved by the
				  commissioner shall remain in full force and effect unless otherwise provided in
				  the latest plan approved by the commissioner. In the event of a direct conflict
				  between the most current reclamation plan and any earlier plan, the most
				  current plan shall govern.
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 19.2.2.30 - SURVIVAL OF RECLAMATION PLAN REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee's obligation to reclaim the trust surface estate
				  in accordance with the reclamation plan in effect at the time the mineral lease
				  is suspended, relinquished or otherwise terminated for any reason shall survive
				  such suspension, relinquishment or termination and continue so long thereafter
				  as lessee's liability under the Mining Act or comparable law continues. In the
				  event of such suspension, relinquishment or termination of the mineral lease,
				  the commissioner will provide the lessee with written authorization to enter
				  the premises to carry out the reclamation plan.
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 19.2.2.31 - MINE DEVELOPMENT PLAN REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
No minerals shall be produced except in substantial
				  compliance with a written mine development plan approved by the commissioner.
				  The mine development plan shall provide for efficient and orderly development
				  of mineral reserves and prevention of waste. The mine development plan shall be
				  consistent with the lessee's obligation to reclaim the premises. The
				  requirements of the mine development plan shall, upon approval by the
				  commissioner, be incorporated automatically into the mineral lease without the
				  necessity of further agreement between the lessee and the commissioner. Failure
				  to substantially comply with the mine development 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 19.2.2.32 - OBTAINING A MINE DEVELOPMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall submit a proposed mine development plan to
				  the commissioner, who shall review the plan and thereafter notify the lessee,
				  in writing, of any deficiencies. The lessee shall then submit a modified
				  proposal addressing the deficiencies and any other issues raised by the
				  commissioner. This process of submittal and review shall be repeated until the
				  commissioner and lessee reach agreement on the plan. Once agreement is reached,
				  the lessee shall sign and acknowledge the mine development plan, in triplicate,
				  and return all originals to the commissioner. The commissioner shall thereafter
				  approve the plan by signing all three originals and returning one original to
				  the lessee.
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 19.2.2.33 - MODIFICATION OF MINE DEVELOPMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
If the lessee determines that it is no longer feasible or
				  economically prudent to follow the approved mine development plan, the lessee
				  shall submit a proposed modification of the plan to the commissioner, together
				  with the reasons that modification is required. The lessee shall seek the
				  commissioner's approval for the modification by following the procedure set out
				  in
				  19.2.2.32
				  NMAC. The lessee shall continue to comply with the existing mine development
				  plan until the commissioner approves the modification. The commissioner may
				  refuse to approve any modification that the commissioner determines is not in
				  the best interest of the trust.
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 19.2.2.34 - RESTRICTION ON PERMANENT PITS, PILES AND IMPOUNDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No permanent pit, pile, impoundment or any other permanent
				  manmade feature or improvement shall be placed on trust surface estate unless
				  specifically approved by the commissioner. The commissioner may refuse to
				  approve any such permanent feature or improvement that would prevent productive
				  post-mining use of the affected land, as determined by the commissioner, unless
				  the lessee fully compensates the trust for the loss of such land through
				  purchase or other arrangement approved by 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 19.2.2.35 - NO PROCESSING OR STOCKPILING OF OFF-LEASE MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A mineral lease issued under this rule grants the lessee the
				  right to enter the premises for mining purposes, together with the right to use
				  and occupy so much of the premises as may be necessary or convenient to carry
				  out such mining purposes. A mineral lease does not authorize the lessee to
				  process or stockpile minerals, waste rock, ore, overburden or other materials
				  obtained from off-lease sources. Therefore, unless authorized under a separate
				  commercial lease issued by the commissioner, no minerals, waste rock, ore,
				  overburden or other materials obtained from off-lease sources shall be
				  processed or stockpiled on the trust surface estate covered by a 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 19.2.2.36 - FINANCIAL ASSURANCE FOR ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless waived by the commissioner in writing, and before the
				  commencement of mining activity, the lessee shall provide financial assurance
				  to guarantee payment of royalties and to comply with the terms and conditions
				  of the mineral lease other than reclamation, which is covered under
				  19.2.2.39
				  NMAC. The commissioner will determine the amount of financial assurance
				  required.
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 19.2.2.37 - FINANCIAL ASSURANCE FOR SURFACE IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Before commencement of mining activity, the lessee shall
				  execute and provide financial assurance to secure payment for potential
				  injuries to tangible improvements upon the trust surface estate covered by a
				  mineral lease that may result from the lessee's mining activity. The
				  commissioner shall fix financial assurance under this section in an amount not
				  less than five thousand dollars. The financial assurance shall be in favor of
				  the state of New Mexico, but held for the benefit of the state's contract
				  purchasers, patentees and surface lessees with pre-existing rights to the trust
				  surface estate. 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 the improvements.
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 19.2.2.38 - CONSOLIDATION OF FINANCIAL ASSURANCE FOR MULTIPLE LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Lessees having multiple leases with the commissioner may,
				  with the approval of the commissioner, provide one instrument to fulfill their
				  total financial assurance obligations under all such leases regarding the
				  protection of tangible surface improvements
.
The commissioner
				  shall fix the amount of the lessee's consolidated financial assurance
				  obligation, which amount shall not be less than twenty-five thousand dollars.
				  The lessee's obligation to provide financial assurance for payment of royalties
				  and reclamation of trust surface estate is not eligible for coverage under this
				  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 19.2.2.39 - FINANCIAL ASSURANCE FOR RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The financial assurance required under
				  19.2.2.36
				  NMAC,
				  19.2.2.37
				  NMAC and
				  19.2.2.38
				  NMAC is in addition to that which the permitting agency may require pursuant
				  the New Mexico Mining Act or comparable law, whichever applies. If the
				  commissioner determines that the amount or coverage of financial assurance
				  required by the permitting agency is insufficient to adequately protect and
				  reclaim trust surface estate, the commissioner may require the lessee to
				  provide additional financial assurance as a supplemental requirement under
				  19.2.2.26
				  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 19.2.2.40 - FORM OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Forms for all financial assurance instruments required by the
				  commissioner shall either be prescribed by the commissioner or be in a form
				  approved by the commissioner. In addition, the permitting agency must approve
				  the form of financial assurance required for reclamation in accordance with
				  that agency's governing law and regulations.
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 19.2.2.41 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commissioner
				has the right to inspect all records and books of account pertaining to the
				operations under a mineral lease, including records and books relating to
				mining, production, extraction, processing, transportation, reduction, returns
				and reclamation. At the request of the commissioner, the lessee shall furnish
				such reports, books, records, samples, logs, assays or cores, as the
				commissioner deems reasonably necessary to the proper administration of the
				lease.
B. The commissioner has the
				right to enter the premises and the facilities located thereon to inspect
				operations thereon, to conduct a field audit and to inspect the records and
				books referred to in Subsection A of this section. To facilitate field audits
				and inspections under this subsection, the lessee shall keep originals or true
				and accurate copies of all of the foregoing records, books, documents and
				sample materials on the premises unless otherwise approved by the commissioner
				in writing.
C. The lessee shall
				allow the permitting agency, the New Mexico environment department, and any
				government agency to enter the premises and the facilities located thereon to
				conduct activities or inspection consistent with such agencies' regulatory
				jurisdiction over lessee's operations or mining activity.
D. No prior notice is required under this
				section. Failure to timely comply with this section by the lessee, and failure
				to correct violations noted as a result of site inspections provided hereunder,
				shall constitute a breach subjecting the lease to cancellation.
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 19.2.2.42 - STATUTORY COVENANTS

Current through Register Vol. 35, No. 13, July 16, 2024
All mineral leases made under 19.2.2 NMAC shall include and
				  be subject to the statutory covenants to operate and develop the premises and
				  minerals under lease in a workmanlike manner, as set forth at Section
				  19-8-13
				  NMSA 1978 and to market and develop, as set forth at Section
				  19-8-23
				  NMSA 1978. These covenants are in addition to those that may be implied under
				  the common 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 19.2.2.43 - COMPLIANCE WITH LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall be responsible for compliance with all laws,
				  regulations, rules, ordinances, permits, licenses and other requirements
				  applicable to the leasehold estate and the operations thereon. Upon receiving
				  notice from a government agency of an actual, potential or alleged violation of
				  law, the lessee shall promptly notify the commissioner of the alleged violation
				  and provide copies of all related documents 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 19.2.2.44 - PRIMARY TERM OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All mineral leases shall be for a primary term of three years and so long
				thereafter as minerals are produced or mined in paying quantities.
B. Annual rent during the primary term shall
				be one dollar per acre, which amount shall be paid in advance each
				year.
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 19.2.2.45 - SECONDARY TERM OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If minerals are not produced or mined in
				paying quantities during the primary term, then the lessee may continue the
				lease in full force and effect through a secondary term. The secondary term
				shall be two years and so long thereafter as minerals are produced or mined in
				paying quantities.
B. Annual rent
				during the secondary term shall be ten dollars per acre, which amount shall be
				paid each year in advance.
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 19.2.2.46 - TERTIARY TERM OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If minerals are not produced or mined in
				paying quantities during the primary or secondary term, then the lease may be
				continued into the tertiary term. The tertiary term shall be five years and so
				long thereafter as minerals are produced or mined in paying
				quantities.
B. Annual rent during
				the tertiary term shall be three dollars per acre, which amount shall be paid
				each year in advance.
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 19.2.2.47 - QUATERNARY TERM OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If minerals are not produced or mined in
				paying quantities during the primary, secondary or tertiary term, then the
				lease may be continued into the quaternary term. The quaternary term shall be
				five years and so long thereafter as minerals are produced or mined in paying
				quantities.
B. Annual rent during
				the quaternary term shall be ten dollars per acre, which amount shall be paid
				each year in advance.
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 19.2.2.48 - ADVANCE ROYALTY DURING QUATERNARY TERM

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the eleventh year of the lease, the
				lessee shall pay, in addition to rent, ten dollars per acre as an advance
				royalty.
B. In the twelfth year of
				the lease, the lessee shall pay, in addition to rent, twenty dollars per acre
				as an advance royalty.
C. In the
				thirteenth year of the lease, the lessee shall pay, in addition to rent, thirty
				dollars per acre as an advance royalty.
D. In the fourteenth year of the lease, the
				lessee shall pay, in addition to rent, forty dollars per acre as an advance
				royalty.
E. In the fifteenth year
				of the lease, the lessee shall pay, in addition to rent, fifty dollars per acre
				as an advance royalty.
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 19.2.2.49 - CREDIT FOR ADVANCE ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the commencement of production of minerals in paying
				  quantities, the principal sum paid as an advance royalty for the year in which
				  such production commences, and the principal sums so paid for the two previous
				  years, shall be credited against the royalty otherwise payable 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 19.2.2.50 - CESSATION OF PRODUCTION BEFORE EXPIRATION OF SET TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
If production in paying quantities commences during the
				  primary or any subsequent term and thereafter ceases before the quaternary term
				  would have expired had there been no such production, then the lease shall be
				  deemed a "non-producing" lease on the date that production in paying quantities
				  ceases. Notwithstanding such cessation of production in paying quantities, a
				  non-producing lease shall not expire if the lessee continues to pay rent and,
				  if the lease is in its quaternary term, advanced royalties. The lessee may
				  maintain the mineral lease in effect under this section until the end of the
				  quaternary term and so long thereafter as minerals are produced in paying
				  quantities.
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 19.2.2.51 - CESSATION OF PRODUCTION AFTER EXPIRATION OF SET TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason beyond the lessee's control, production in
				  paying quantities ceases after the quaternary term would have expired, then the
				  lessee may, with the written approval of the commissioner, continue the lease
				  from year to year for an additional period not to exceed three years. The
				  lessee shall continue to pay in advance the annual rental at the rate provided
				  in the quaternary term and an advance royalty of sixty dollars per acre per
				  each year of the extended term.
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 19.2.2.52 - SUSPENSION OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
After notice and hearing, the commissioner shall suspend a
				  mineral lease for a period not exceeding five years if the commissioner
				  finds:
A. the lessee is not in
				default;
B. suspension of the lease
				will not affect compliance with safety, reclamation or environmental
				requirements;
C. the lessee
				submitted a written request for suspension to the commissioner prior to
				expiration of the lease;
D. the
				lessee submitted adequate evidence, as determined by the commissioner, to prove
				that the discovery on the premises of an ore body containing valuable mineral
				deposits in merchantable quality and quantity; and
E. temporary conditions beyond the lessee's
				control have precluded mining on the premises except at an economic loss or at
				an unreasonable threat to safety.
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 19.2.2.53 - LESSEE'S OBLIGATIONS DURING SUSPENSION OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
All lease obligations, including the obligation to pay rent
				  and royalties, shall be suspended during the period the mineral lease is
				  suspended. Provided, however, that the lessee shall pay the annual rental
				  required in Section
				  19-8-19.1
				  NMSA 1978 for each year of suspension. Suspension of a mineral lease shall not
				  operate to relieve the lessee from its obligations under the New Mexico Mining
				  Act.
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 19.2.2.54 - NOTICE OF COMMENCEMENT OF PRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
Within five days after commencing production, the lessee
				  shall notify the commissioner of such production in writing, giving the date
				  that production commenced, and stating specifically the legal subdivision,
				  section, township and range where production occurred. The lessee shall provide
				  the same notice where production re-commences after a period of cessation
				  lasting three consecutive months or longer.
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 19.2.2.55 - AMOUNT OF ROYALTY

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to annual rentals, the lessee shall pay royalty
				  on production as determined by the commissioner and as specified in the notice
				  of sale and the lease. For all minerals except special minerals, the royalty
				  shall be no less than two percent of the gross returns less the actual and
				  reasonable transportation and smelting or reduction costs up to fifty percent
				  of the gross returns. Gross returns shall be based on the arm's-length sales
				  price of the produced minerals and shall include, if applicable, all premiums,
				  bonuses and other consideration of any kind received by the lessee for the
				  minerals produced from the premises. The lessee shall calculate royalty for
				  special minerals in exactly the same manner as for other minerals, except that
				  the royalty percentage shall be no less than five percent of the gross
				  returns.
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 19.2.2.56 - PAYMENT OF ROYALTY AND ACCOUNTING

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall pay the correct amount of royalty to NMSLO
				  on the twentieth day of the month following the month of use, sale or other
				  disposal of minerals. On the same day, the lessee shall submit to NMSLO a
				  production and royalty statement, accounting for the production and royalty for
				  the previous calendar month. Such statements shall be prepared upon forms
				  prescribed and furnished by the commissioner and in accordance with
				  instructions accompanying the forms.
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 19.2.2.57 - LEASE ASSIGNMENTS MUST BE APPROVED BY COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee may assign a mineral lease, in whole or in part,
				  only if the commissioner approves the assignment. No purported assignment will
				  bind the state of New Mexico, or change the lessee of record, unless approved
				  in writing by the commissioner. Provided, however, that a mere change in the
				  name of the mineral lessee will not constitute an assignment requiring approval
				  by the commissioner. The lessee shall promptly notify the commissioner, in
				  writing, of any change in name or mailing address.
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 19.2.2.58 - APPROVAL OF LEASE ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner will approve an assignment of mineral lease,
				  in whole or in part, if the commissioner finds:
A. the assignment does not create an
				undivided interest in the lease or any part thereof;
B. the assigned portion of the premises is
				not less than a legal subdivision;
C. the assignment is executed in the proper
				form and by the proper person;
D.
				the lease is in good standing as to the assigned portion of the premises;
E. no litigation is pending that
				could affect the lease or the interest of any person therein;
F. the assignee has been pre-qualified
				pursuant to 19.2.2.21 NMAC; and
G.
				the assignment will not adversely affect the interests of the
				trust.
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 19.2.2.59 - FORM OF ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments of mineral leases shall be upon forms prescribed
				  and furnished by the commissioner. The commissioner's approval of an assignment
				  shall be noted on all copies of the assignment. Assignments shall be executed
				  and acknowledged in the same manner prescribed for conveyance of real estate
				  and shall be filed in triplicate with the commissioner. One original shall be
				  recorded permanently, the second filed and the third returned to the
				  assignee.
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 19.2.2.60 - ASSIGNMENT FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The non-refundable fee for filing an assignment of a mineral
				  lease shall be set forth in the schedule of fees.
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 19.2.2.61 - EFFECT OF ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval by the commissioner of a valid mineral lease
				  assignment, the assignor shall stand relieved from all lease obligations to the
				  commissioner with respect to the state trust resources embraced in the
				  assignment. The state shall likewise be relieved from all obligations to the
				  assignor as to such resources. Upon assignment, the assignee shall succeed to
				  all of the rights and privileges of the assignor with respect to the assigned
				  lease and shall, upon assignment, be liable for all obligations of the assignor
				  as to the commissioner. Nothing in this section shall relieve any person from
				  liability under the New Mexico Mining Act, comparable law, or any permit or
				  authorization issued thereunder.
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 19.2.2.62 - PRODUCTION IN PAYING QUANTITIES HOLDS LEASE AND ALL ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Production of minerals in paying quantities from anywhere on
				  the premises, as defined by the original lease, will continue the term of the
				  lease and all assignments thereof.
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 19.2.2.63 - SUBLEASING PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall not sublease 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 19.2.2.64 - SIDE AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision herein, side agreements
				  that do not constitute assignments but which define or set out the various
				  interests of other parties in a mineral lease may be filed with the
				  commissioner as miscellaneous instruments upon payment of the filing fee set
				  out in the schedule of fees. Such filing shall constitute constructive notice
				  to the world of the existence and the contents thereof. Side agreements are not
				  binding upon the commissioner and do not change the lessee's obligations under
				  any mineral lease. The lessee of record shall remain responsible for compliance
				  with the terms and conditions 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 19.2.2.65 - TRANSFER OF RESIDENT DECEDENT'S LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
To transfer an interest in a lease owned by a deceased
				  resident of New Mexico to the decedent's heirs or devisees, proper probate
				  proceedings must be held in accordance with the New Mexico Probate Code.
				  Certified copies of such proceedings showing proper legal authority to transfer
				  shall be filed with the commissioner. Provided, however, that where lawful
				  transfer occurs outside of probate, the purported transferee shall file with
				  the commissioner the death certificate of the lessee and all instruments
				  effecting transfer of the 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 19.2.2.66 - TRANSFER OF NON-RESIDENT DECEDENT'S LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
To transfer an interest in a lease owned by a nonresident
				  decedent (a person who was not a resident of New Mexico at the time of the
				  person's death) to the decedent's heirs or devisees, the decedent's estate must
				  be probated in the state of such decedent's residence and ancillary proceedings
				  conducted in the proper New Mexico court. Certified copies of the proceedings
				  showing proper legal authority to transfer shall be filed with the
				  commissioner. Provided, however, that where lawful transfer occurs outside of
				  probate, the purported transferee shall file with the commissioner the death
				  certificate of the lessee and all instruments effecting transfer of the
				  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 19.2.2.67 - CANCELLATION OF MINERAL LEASE AND OPPORTUNITY TO CURE

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may cancel any mineral lease for non-payment
				  of rentals, non-payment (or underpayment) of royalties and for violation of any
				  of the terms, covenants or conditions of the mineral lease. However, before any
				  such cancellation shall be made, the commissioner shall mail a thirty-day
				  notice of cancellation to the lessee, by registered or certified mail, at the
				  address of the lessee shown by the records of the NMSLO. The thirty-day notice
				  shall specify the default for which the lease is subject to cancellation. If
				  the default is not cured within thirty days after the commissioner mails the
				  notice, then the commissioner may enter cancellation. No proof of receipt of
				  such notice is necessary for cancellation. The lessee shall be liable for all
				  reasonable attorneys fees and costs incurred by the commissioner in enforcing
				  the terms of the lease, including fees and costs incurred in regaining
				  possession of and reclaiming the premises.
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 19.2.2.68 - RELINQUISHMENT OF MINERAL LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
With the consent of the commissioner, a mineral lease in good
				  standing may be relinquished, in whole or in part, upon approval of the
				  commissioner and payment of the non-refundable filing fee in accordance with
				  the schedule of fees. However, the commissioner will not approve relinquishment
				  of an undivided interest in a lease or less than a legal subdivision.
				  Relinquishment does not relieve the lessee from its obligation to reclaim the
				  trust surface estate.
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 19.2.2.69 - RESERVATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All rights not expressly granted under the mineral lease are
				  reserved to the commissioner. Notwithstanding the issuance of a mineral lease,
				  the commissioner specifically reserves the right to:
A. lease the premises for grazing,
				agricultural or commercial purposes;
B. lease the premises for oil and gas
				exploration and extraction;
C.
				lease the premises for the development of geothermal resources;
D. sell the premises subject to the mineral
				lease, reserving all minerals of whatsoever kind to the state of New Mexico;
				and
E. issue rights of way and
				easements over, upon or across trust surface estate for any purpose, including
				but not limited to, public highways, railroads, tramways, telegraph, telephone
				and power lines, pipelines, irrigation works, mining, logging and for
				exploration and development of geothermal resources.
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 19.2.2.70 - WAIVER OF RESERVATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may, at the commissioner's discretion, agree
				  not to exercise one or more of the rights reserved under
				  19.2.2.69
				  NMAC upon payment of additional consideration determined by 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 19.2.2.71 - COMMISSIONER'S STATUTORY RIGHT TO PURCHASE PRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner has the right to purchase at any time and
				  from time to time, at the market price prevailing in the area on the date of
				  purchase, all or part of the minerals that may be produced from the premises.
				  (The commissioner may waive this reservation by following the procedure set out
				  in Section
				  19-14-2
				  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 19.2.2.72 - ROAD DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Lessees shall comply with the requirements for development
				  and closure of roads set forth in 19.2.20 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 19.2.2.73 - TRESPASS AND PREVENTION OF WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Lessees shall protect the premises and mineral estate from
				  waste or trespass in accordance with Sections
				  19-6-1
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 19.2.2.74 - WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The lessee shall obtain and exercise water rights on the
				  premises only as approved in writing by the commissioner, in a manner
				  consistent with the mineral lease, the rules issued by the commissioner and New
				  Mexico water 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 19.2.2.75 - VENUE AND APPLICABLE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
All legal actions regarding mineral leases issued under
				  19.2.2 NMAC shall be brought in the First Judicial District, Santa Fe, New
				  Mexico. New Mexico law shall govern.
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 19.2.2.76 - JOINT AND SEVERAL LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Where two persons are both lessees under the same mineral
				  lease, they shall be jointly and severally liable for all obligations imposed
				  by such 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 19.2.2.77 - NO WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
The delay of the commissioner in asserting any right of the
				  state under the mineral lease shall under no circumstances constitute a waiver
				  of such right.
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 19.2.2.78 - INTEREST ON LATE PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Lessee shall pay interest at the rate of one percent per
				  month on any late payment of rents, royalties or other payments required under
				  the mineral lease. If the lessee fails to pay the entire amount owed, then
				  interest shall accrue on the unpaid portion. Interest shall begin to accrue on
				  the day the payment becomes due and continue to accrue daily until payment is
				  made.
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 19.2.2.79 - REMOVAL OF IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon termination of the mineral lease by reason of
				  forfeiture, surrender, expiration of term or for any other reason, lessee may,
				  pursuant to Section
				  19-8-29,
				  remove all improvements and equipment as can be removed without material injury
				  to the premises; provided, however, that all rents and royalties have been paid
				  and that such removal is accomplished within two years from the termination
				  date or before such earlier date as the commissioner may set upon thirty (30)
				  days' written notice to the lessee. All improvements and equipment remaining
				  upon the premises after the removal date as set in accordance with this section
				  shall be forfeited to the state of New Mexico without compensation, unless such
				  forfeiture is disclaimed by the commissioner. Notwithstanding the foregoing,
				  the commissioner may require the lessee to remove any and all improvements from
				  the premises and to reclaim any surface disturbance caused by such removal in
				  accordance with its reclamation plan.
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 19.2.2.80 - ADDITIONAL TERMS AND CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may include in any mineral lease additional
				  terms and conditions not set out in this rule, as the commissioner deems
				  appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.1 - 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 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to all potassium, sulphur, sodium,
				  phosphorus, and similar minerals, and their salts and compounds except sodium
				  chloride on those lands held in trust by the commissioner of public lands under
				  the terms of the Enabling Act and subsequent legislation (trust lands). This
				  Rule governs lessees of trust lands entered into subsequent to the date of this
				  Rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the trust lands is
				  found in N.M. Const., art. XIII, 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 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 1, 1984, 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 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.3 NMAC is to provide for the orderly
				  and lawful administration, and the appropriate development of those minerals
				  covered by this Rule on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 3 - LEASING OF POTASSIUM, SULPHUR, SODIUM, PHOSPHORUS AND SIMILAR MINERALS AND THEIR SALTS AND COMPOUNDS EXCEPT SODIUM CHLORIDE › Section 19.2.3.8 - LANDS SUBJECT TO LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Applications to lease will be considered only for such lands
				  as may be shown to be open for leasing upon the tract books of the New Mexico
				  state land office and, although priority in time of filing ordinarily will
				  determine the preference right to lease, the commissioner reserves the right to
				  reject all applications, at any time before lease issues, and to withhold from
				  leasing or to offer the lease to the highest bidder therefor. Leases may not
				  exceed two thousand five hundred sixty (2,560) acres.