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 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, the following terms shall have the
				  meaning here indicated:
A.
				"Commissioner" - the commissioner of public lands or any agent or employee of
				the commissioner who is authorized to act in the commissioner's
				stead.
B. "Recreational access" -
				access to state trust lands open to recreational and educational access
				described in Subsection D of 19.2.19.7 NMAC for the purpose of conducting
				non-commercial permitted activities thereon.
C. "Permitted activities" - those activities
				on lands open to recreational access that are authorized by the issuance of a
				recreational access permit and are not prohibited under 19.2.19.18 NMAC.
				Permitted activities include, but are not limited to, such activities as
				hiking, sightseeing, picnicking, observing wildlife, non-commercial pinon nut
				gathering, photographing, and cross country skiing.
D. "Lands open to recreational access" -
				those lands, other than lands leased under a New Mexico state land office
				business lease, that are identified by the surface tract books of the New
				Mexico state land office as in the care, custody, and control of the
				commissioner, that have not been withdrawn from recreational access by the
				commissioner, and on which no oil and gas operations or mining operations are
				being conducted.
E. "Recreational
				access permit" - an instrument issued by the commissioner that authorizes
				recreational access by the recreational access permittee and a certain number
				of persons accompanying the permittee. A recreational access permit shall be
				valid only in the possession of the recreational access permittee and shall be
				rendered invalid by its transfer to another. Recreational access permits shall
				be of two types:
(1) "Individual/family
				permit" - a recreational access permit issued to a recreational access
				permittee that authorizes recreational access by the permittee and all family
				members (not to exceed 10 other persons) in the company of the permittee. The
				permit shall be valid for one year from the date of issuance, such term to
				apply retroactively to any individual/family permit issued during the 12-month
				period prior to the effective date of this rule.
(2) "School/educational permit" - a
				recreational access permit issued to a recreational access permittee who is the
				teacher, leader, or sponsor of a school class or educational group, that
				authorizes recreational access by the permittee and no more than 50 members of
				the permittee's school class or educational group for up to three days. The
				permit shall be valid from sunrise to sunset for one to three consecutive
				calendar days.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.8 - WITHDRAWAL OF LANDS FROM RECREATIONAL ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner, in his/her sole discretion, may at any time
				  withdraw any state trust lands from recreational access if the commissioner
				  determines that such withdrawal is in the best interests of the trust. Any
				  lands so withdrawn shall remain unavailable for recreational access until the
				  commissioner, in his/her sole discretion, determines that the availability of
				  the lands for recreational access is in the best 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 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.9 - RECREATIONAL ACCESS PROHIBITED WITHOUT A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Recreational access to state trust lands is prohibited in
				  the absence of a recreational access permit issued pursuant to this rule or
				  other express, written authorization from the commissioner. Access in
				  accordance with an easement issued to the New Mexico state game commission does
				  not require an additional recreational access permit or other express, written
				  authorization. A person engaged in recreational access in accordance with this
				  rule shall, upon request by a state land office employee or lessee, present the
				  person's written authorization for inspection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.10 - INTERFERENCE WITH LAWFUL RECREATIONAL ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
No lessee or other person shall interfere with lawful
				  recreational access permitted in accordance with this rule. The lessee of the
				  subject state trust lands may, without such interference, make inquiry
				  concerning the status of those using state lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.11 - PERMIT APPLICATION AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for recreational access permits shall be written
				  in ink upon forms prescribed by the commissioner and shall contain information
				  the commissioner deems appropriate, or applications shall be submitted
				  electronically if allowed by the commissioner's web site. Each application
				  shall be accompanied by the appropriate fees as posted on the web site from
				  time to time, which shall be non-refundable, and which are subject to change
				  without notice. The commissioner reserves the right to reject any and all
				  applications if the commissioner determines such rejection is in the best
				  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 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.12 - PERMIT APPLICATION AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for recreational access permits may be obtained:
				  1) by mailing a written request to the commissioner of public lands, New Mexico
				  state land office, P. O. Box 1148, Santa Fe, New Mexico 87504-1148; 2) by
				  telephone, 505-827-5724; 3) on the web site, nmstatelands.org; or, 4) in person
				  at the New Mexico state land office, 310 Old Santa Fe Trail, 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 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.13 - IDENTIFICATION AND LOCATION OF RECREATIONAL ACCESS LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
Recreational access permittees are solely responsible for
				  correctly identifying and locating the lands they seek to visit pursuant to a
				  recreational access permit. Maps are available at the New Mexico state land
				  office at a nominal fee, or they may be obtained from the web site,
				  nmstatelands.org.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.14 - TRAVEL

Current through Register Vol. 35, No. 13, July 16, 2024
A recreational access permit does not grant a right to enter
				  upon or cross lands not under the control of the commissioner. Also, a
				  recreational access permit does not grant a right to access lands by motorized
				  vehicle. The use of motorized vehicles or any mechanical form of transportation
				  for recreational access is restricted to public highways and roads, as defined
				  by Section
				  67-2-1
				  NMSA 1978, and to established roads that cross the lands to which access is
				  granted under the recreational access permit. When lands open to recreational
				  access are fenced, vehicle access is allowed only where there is an unlocked
				  gate that can be accessed from an immediately adjacent public highway or road,
				  or from an immediately adjacent established road that crosses the lands to
				  which access is granted. When a recreational access permittee opens an unlocked
				  gate to gain access to lands by motorized vehicle, the permittee must close the
				  gate after passing through. Where there is no such access through an unlocked
				  gate in the fence, recreational access beyond the fence shall be limited to
				  travel by foot.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.15 - TRESPASS AND WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Prohibited activities as described in
				  19.2.19.18
				  NMAC, on lands open to recreational access are deemed to be in trespass, waste,
				  or both.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.16 - LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each recreational access permittee shall agree, as a
				  condition of permit issuance, to assume all liability for claims, losses or
				  damages arising out of, alleged to arise out of, or indirectly connected with
				  activities conducted during recreational access by the permittee and any and
				  all individuals accompanying the permittee. Each recreational access permittee
				  shall further agree to save, hold harmless, indemnify, and defend from all such
				  liability, claims, losses, or damages lessees of state trust land, the
				  commissioner, and the commissioner's agents and employees in their official and
				  individual capacities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.17 - CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may cancel any recreational access permit by
				  providing oral notice of cancellation to the permittee or by mailing written
				  notice of cancellation to the permittee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 19 - RELATING TO RECREATIONAL AND EDUCATIONAL ACCESS TO STATE TRUST LANDS › Section 19.2.19.18 - PROHIBITED ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Those
				activities that are not allowed on lands open to recreational access include,
				but are not limited to:
(1) disturbing,
				harassing, injuring, destroying or removing wildlife, livestock, or any other
				animal life;
(2) disturbing,
				dislodging, damaging, destroying or removing native plants, standing timber,
				wood products, flowers, growing crops, or any other plant life other than pinon
				nuts gathered non-commercially;
(3)
				disturbing, dislodging, damaging, defacing, destroying or removing historical,
				archaelogical, paleontological or cultural sites, or artifacts;
(4) disturbing, dislodging, defacing,
				damaging or destroying any improvement, fixture, item, object, or thing placed
				or located in, under, or upon the land;
(5) crossing lands not open to recreational
				access under this rule, without permission, to gain access to state trust lands
				that are open to recreational access;
(6) conducting off-road vehicle
				activities;
(7) bringing
				unrestrained (unleashed) animals to state trust lands;
(8) discarding refuse, waste, or litter of
				any kind;
(9) building open fires,
				igniting fireworks, or conducting any other activity that increases the risk of
				range, brush, or forest fires;
(10)
				conducting any type of commercial operation;
(11) discharging firearms, camping overnight,
				opening (without closing) gates;
(12) bringing onto state trust lands or
				consuming thereon any type of alcoholic beverage;
(13) violating any applicable law, statute,
				regulation, ordinance, or rule enacted by a governmental entity;
(14) fishing, trapping, or hunting without a
				valid New Mexico license;
(15)
				mineral exploration, development, or mining, or collecting valuable rocks or
				minerals;
(16) interfering with the
				authorized activities of other land users; or,
(17) entering, climbing, or accessing in any
				way structures, buildings, fixtures, or improvements other than fences located
				on state trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.1 - 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 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to the construction, maintenance and
				  reclamation of roads on those lands held in trust by the commissioner of public
				  lands under the terms of the Enabling Act and subsequent legislation. There are
				  certain exceptions to this Rule as follows: certain new temporary roads are
				  exempted as set out below in Subsection A of
				  19.2.20.9
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the state trust lands
				  is found in N.M. Const., art. XIII, Section 2, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this Rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 19, 1990, unless a later date is cited at the end of
				  a section or paragraph. Reformatted in NMAC format effective December 31,
				  1999.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.20 NMAC is to provide for the orderly
				  and lawful construction, maintenance and reclamation of roads on state trust
				  lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.8 - PURPOSE AND APPLICATION OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule shall apply to all roads constructed on state trust
				  lands administered by the commissioner of public lands (commissioner), and will
				  be effective on the date of its filing with the state records center. This Rule
				  is issued to implement minimum standards for road construction, maintenance,
				  and rehabilitation so as to minimize the impact of roads on the various
				  vegetational ecosystems involved.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.9 - RULE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				roads constructed on state trust lands administered by the New Mexico state
				land office shall be constructed and maintained in accordance with this Rule.
				Roads built on state trust land that will cross adjacent land administered by
				the bureau of land management (BLM) will be constructed and maintained in
				concert with the BLM new road policy effective January 1, 1988. Roads built on
				state trust land only shall be constructed in accordance with the minimum
				standards described in 19.2.20.10 NMAC and maintained in accordance with the
				standards described in 19.2.20.11 NMAC, unless local conditions warrant
				exceptions. Such exceptions shall be approved by the state land office district
				land use specialist (SLO LUS).
B.
				Certain new temporary roads are exempted from the construction requirements of
				this Rule. The roads exempted are those that will provide access for a seasonal
				or temporary activity and/or for a temporary business use. However, these types
				of roads are subject to maintenance and/or rehabilitation requirements required
				by the SLO LUS.
C. Roads built on
				state trust lands shall be constructed and maintained by a right-of-way grantee
				in accordance with the requirements set forth in the right-of-way grant if
				those requirements are different than the requirements of this Rule.
				Construction and maintenance of these roads will be done in a manner that
				insures that authorized traffic remains within the right-of-way and erosion
				damage is mitigated.
D. When roads
				built on state trust lands are no longer needed, as determined by the lessee or
				right of way grantee and by the commissioner, they will be abandoned and
				rehabilitated according to 19.2.20.12 NMAC. However, the New Mexico state land
				office may determine that such a road is still needed for other purposes, and
				if so, it shall notify the lessee or grantee in writing of this determination,
				at which time the lessee or grantee shall be released from all responsibility
				for maintenance and rehabilitation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.10 - ROAD CONSTRUCTION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Width. The preferred minimum standard for
				roads built on state trust lands is a fourteen (14) -foot width for single-lane
				roads and a twenty (20) -foot width for double-lane roads, provided that the
				local situation doesn't dictate that it be wider. The maximum allowable grade
				without an engineering design is ten percent (10%).
B. Drainage. Drainage control shall be
				ensured through the use of drainage dips, outsloping, insloping, natural
				rolling topography, ditch turnouts, or culverts. Spacing of dips, broad-based
				drainage dips, culverts and turnout ditches will depend on cross slope, road
				grade and soil type. Drainages will be constructed in such frequency necessary
				to prevent headcuts or other forms of accelerated erosion or damage on adjacent
				areas.
C. Culverts. Culvert pipes
				shall be used for cross drains on grades in excess of ten percent (10%)
				gradient and on all major drainages. Roadbed culverts shall be used to drain
				road ditches when drainage dips are not feasible. All culvert sizing must be in
				accordance with accepted engineering practices (i.e., Talbot chart, etc.). The
				minimum size culverts in any installation is eighteen (18) inches.
D. Road Surfacing:
(1) Surfacing (i.e. caliche, gravel, soil stabilizer, sand,
				cinders, etc.) shall be required on all roads built on state trust lands where
				all weather access is needed, if the natural soil does not have the bearing
				capacity for heavy vehicles in both wet and dry weather and if these materials
				are economically available.
(2)
				The roadbed should be reasonably smooth, free of ruts, chuckholes, rocks,
				slides, washboards, dust pockets, soft spots or other driving hazards or
				nuisances.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.11 - ROAD MAINTENANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
"Maintenance" is the upkeep necessary for the safe and
				  efficient utilization of roads on state trust lands. Right-of-way grantees and
				  lessees shall be responsible for preventative and/or corrective road
				  maintenance of the relevant road until assignment or abandonment and
				  rehabilitation of the road. This maintenance may include, but not be limited
				  to, the items listed below:
A.
				Roadbed.
(1) Roadbeds shall be reasonably
				smooth and reasonably free of ruts, dust pockets, soft spots, chuckholes,
				rocks, slides and washboards.
(2)
				No berms shall be permitted along shoulders.
(3) The integrity of the surfacing material shall be
				maintained.
(4) Roadbed width
				shall be kept to the approximate original dimensions.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 20 - RELATING TO CONSTRUCTION, MAINTENANCE AND RECLAMATION OF ROADS › Section 19.2.20.12 - ROAD ABANDONMENT AND RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
All roads no longer needed, as determined by the grantee or
				  lessee and the commissioner, shall be reclaimed to approximate natural
				  contours, unless, as provided herein, the New Mexico state land office elects
				  to allow a road to remain based on recommendations from the SLO LUS. Upon
				  reclamation all road improvements and debris shall be removed, unless approved
				  otherwise by the SLO LUS. Reclaimed roads will have the roadbeds ripped,
				  scarified and otherwise roughened as directed by the SLO LUS to ensure
				  increased water infiltration and a properly prepared seedbed; and then
				  reseeded. Parallel-road berms are to be removed and recontoured. Berms or gates
				  will be used to block access to the reclaimed road. Water bars will be used on
				  sloping surfaces and spaced so as to minimize erosion and control surface
				  runoff. For reseeding, the New Mexico state land office will approve seeding
				  rates and seed mixtures or approve site-specific recommendations. When
				  possible, the New Mexico state land office will recommend such approved rates
				  and mixtures, but will not require seed varieties in its mixtures which are not
				  in common use in the area. Reseeding shall be planned and completed with a goal
				  of revegetation consistent with local natural vegetation density. After a
				  failed attempt to revegetate an area, a second reseeding may be required by the
				  New Mexico state land office, but in no event shall such second reseeding be
				  required more than two (2) years after the initial one. Reclamation
				  responsibility of a grantee or lessee terminates upon acceptance of the
				  reclamation of a site by the SLO LUS.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands - New Mexico State Land
				  Office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part pertains to all exchanges of lands held in trust by
				  the commissioner of public lands under the terms of the Enabling Act and
				  subsequent legislation. This rule does not apply to exchanges with the United
				  States department of the interior or to governmental entities except to the
				  extent that the commissioner decides to apply any portion of this rule to a
				  specific exchange to ensure substantial conformity with the requirements of the
				  Enabling Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage and dispose of trust
				  lands is found in N.M. Const. Art. XIII, Section 2, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this part 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 21 - LAND EXCHANGES › Section 19.2.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 29, 2012
, 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 21 - LAND EXCHANGES › Section 19.2.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide for the orderly and
				  lawful exchange of trust lands when such exchanges will result in a financial
				  benefit to the trust, and when the exchange of such trust lands would benefit
				  the trust more than their retention.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.8 - EXCHANGE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commissioner may enter into an exchange when the commissioner determines that
				the exchange will result in a financial benefit to the trust.
B. When lands are placed for public auction
				under this rule, the commissioner will accept payment for such lands in the
				form of in-kind payment through an exchange of non-trust lands for trust lands,
				monetary payment, or any combination thereof that results in the greatest
				financial benefit to the trust.
C.
				Trust lands may be exchanged for non-trust lands owned in fee simple absolute
				by a governmental entity or by a private entity or entities. The commissioner
				cannot accept in an exchange any lands subject to a mortgage, lien or other
				encumbrance.
D. In any exchange,
				the trust must receive at least true value for the trust lands that are
				conveyed to an exchange party. To meet this requirement, the commissioner shall
				require appraisals of the trust lands and the non-trust lands proposed to be
				exchanged at their true value and can only proceed with an exchange after first
				determining that the value of the non-trust lands to be received by the state,
				plus any monetary payment offered, are of equal or greater financial value to
				the trust. Each appraisal must:
(1) be
				conducted, by a qualified appraiser (the commissioner may require that the
				appraisals be performed by the land office staff appraiser, or that the
				appraiser be selected and approved in advance);
(2) conform to the uniform standards of
				professional appraisal practice and any other reasonable standards set by the
				commissioner;
(3) be reviewed by a
				state land office staff qualified appraiser or a different qualified appraiser
				and approved by the commissioner, and
(4) whenever possible, utilize an appraisal
				approach that allows the commissioner to identify raw land value as separate
				from the value of any improvements. This provision shall not be construed as
				prohibiting the use of a running exchange account as provided in Subsection G
				of this section. Appraisals conducted or received by the commissioner in
				connection with an exchange or proposed exchange under this rule, as well as
				the commissioner's review of any such appraisal, shall be considered
				confidential information and not public information until the commissioner has
				selected an exchange proposal as provided in
				19.2.21.12 NMAC.
				The commissioner may waive confidentiality in the case of any appraisal or any
				review of an appraisal if the commissioner determines that it is in the best
				interest of the trust to do so.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.9 - EXCHANGE PROPOSALS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A proposed exchange may be initiated
				either by an applicant or by the commissioner.
B. Exchange procedure initiated by applicant:
(1) A party interested in exchanging
				non-trust land may initiate an exchange procedure by filing with the
				commissioner an initial application to exchange land on a form prescribed by
				the commissioner, accompanied by a non-refundable application fee as set forth
				in the schedule of fees. The initial application shall include the identity and
				address of the applicant; a legal description of the non-trust lands proposed
				to be exchanged; the estimated market value of the non-trust lands; the current
				uses of the non-trust lands; ownership of the non-trust lands; a description of
				any known environmental or cultural properties issues related to the non-trust
				lands; a legal description of the trust lands that the applicant seeks to
				acquire; an estimate of the value of such trust lands; a deposit in an amount
				determined by the commissioner as sufficient to pay the costs of appraisal of
				the trust lands and non-trust lands (unless the commissioner has agreed to
				accept an appraisal or appraisals previously performed or to be performed at
				the applicant's expense); and such other information as the commissioner may
				request in writing. The commissioner shall advise the relevant beneficiary
				institution(s) through written correspondence that an exchange application was
				received.
(2) Following submission
				of an initial application, the commissioner will make a determination as to
				whether further investigation of the suggested exchange is warranted and shall
				so inform the exchange applicant. If the commissioner determines that the
				suggested exchange does not offer sufficient potential benefit to the trust,
				the application will be rejected and the exchange process will
				terminate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.10 - PUBLIC NOTICE OF A PROPOSED EXCHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice of a proposed exchange shall be
				published once each week for not less than ten (10) consecutive weeks in a
				newspaper of general circulation published locally at the state capital, and a
				newspaper of like circulation which shall be locally published nearest the
				lands so offered for exchange. Said notice will also be posted on the state
				land office website. Said notice shall set forth the nature, time and specific
				place of the auction, which place shall be at the county seat wherein the lands
				or the major portion thereof are located. Said notice shall also state that the
				commissioner will accept bids offering in-kind payment in the form of non-trust
				lands to be exchanged for trust lands, monetary payment or any combination
				thereof.
B. The notice shall
				include a description or a statement of the location of the trust lands offered
				for exchange and their total acreage; a description of leases, rights of way,
				easements or other uses, if any, to which the trust lands are subject as
				indicated by the records of the state land office; a general description of
				reservations to be included in the conveying instrument; the types of
				improvements located on the trust lands to be exchanged and their estimated
				values; the estimated publication and other costs to be deposited by each
				prospective bidder and paid by the successful bidder; the address and telephone
				number from which any interested person may obtain additional information, the
				form of conveyance instrument required to be used for in-kind payment, the
				deadline, form, and substantive requirements that must be satisfied in order to
				qualify to bid, the location where exchange proposals must be submitted; and
				any other information the commissioner deems pertinent.
C. In each case of a proposed exchange with
				another governmental entity, the commissioner shall determine what notice, if
				any, is required.
D. The form of
				instrument to be used in an exchange to convey the trust lands involved shall
				be available for inspection by prospective exchange applicants.
E. Non-trust lands proposed for exchange
				shall be open to the commissioner for inspection and appraisal. Trust lands for
				which the commissioner has published a request for exchange proposals shall be
				open to prospective exchange applicants for inspection and appraisal by
				obtaining permission from the state land office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.11 - QUALIFICATION OF BIDDERS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to qualify to bid, each prospective bidder in an
				  exchange must submit a bid qualification packet satisfying the following
				  criteria the qualification deadline set forth in the public notice:
A. Each prospective bidder must deposit with
				the commissioner a non-refundable application fee, the publication costs
				described in the public notice, and cost of appraisal(s) as described in the
				public notice. Publication and appraisal cost deposits may be refunded to all
				prospective bidders except for the successful bidder.
B. Each prospective bidder must deposit with
				the commissioner the appraised value of the improvements on the trust land as
				determined by the commissioner, a waiver of payment of such amount signed by
				the owner of the improvements, or a bond sufficient to cover the appraised
				value if an appeal is to be taken, unless the prospective bidder is the owner
				of the improvements. Improvement value deposits will be refunded to all
				prospective bidders except for the successful bidder.
C. Prospective bidders proposing to offer
				in-kind payment for all or part of the bid must submit the following for the
				land or lands so offered subject to approval by the commissioner:
(1) a survey plat and legal description of
				the non-trust lands performed by a licensed professional surveyor in the state
				of New Mexico;
(2) an appraisal
				performed by a qualified appraiser conforming to the uniform standards of
				professional appraisal practice; the commissioner may require specific
				appraisal instructions and require that the appraiser be approved in advance;
				whenever possible, the appraiser must utilize an appraisal approach that allows
				the commissioner to identify raw land value as separate from the value of any
				improvements; the commissioner may exclude the value of improvements in order
				to determine the value of the land that may be used as in-kind payment; to the
				extent the commissioner considers the value of improvements for purposes of
				in-kind payment, their value will be separately evaluated by land office staff;
				the commissioner reserves the right to reject any appraisal;
(3) a title commitment for the non-trust with
				common details and any additional specific details as required by the
				commissioner in the public notice;
(4) a description of any water rights on the
				non-trust lands including documentation of the declaration or adjudication of
				such rights;
(5) a complete listing
				of cultural properties located on the non-trust lands and documentation
				thereof;
(6) a complete listing of
				hazardous materials or threatened or endangered species located on or in close
				proximity to the non-trust lands and documentation thereof; and
(7) a list of existing leases or other
				encumbrances on the land, if any, not shown in the title commitment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.12 - PUBLIC AUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as provided in Subsection C of 19.2.21.10 NMAC above, if the commissioner
				determines that an exchange of the trust lands may be in the best interest of
				the trust, the commissioner will offer the trust lands for exchange by public
				auction.
B. After the commissioner
				has reviewed the bid qualifications of all prospective bidders as described in
				19.2.21.11 NMAC above and the public notice, the commissioner will send written
				notice to each indicating at a minimum: 1) whether or not they have qualified
				to bid at the public auction, 2) the time, date and location of the auction,
				and 3) the minimum opening bid at the auction. Only qualified bidders may bid
				at the public auction.
C. No trust
				lands will be exchanged except to the highest bidder at a live public auction
				held at the county seat of the county wherein the lands to be exchanged, or a
				major portion thereof, lie, and only after public notice has been given by
				advertisement in accordance with this rule and applicable law.
D. The minimum opening bid at auction will be
				the greater of either: 1) the true value of the subject trust land as
				determined by appraisal and as described in the public notice; or 2) the
				highest deposit (excluding required costs and fees) submitted by a prospective
				bidder during bidder qualification; bids at the auction in excess of the
				minimum must be in the form of cash bids only and the winning bidder must
				deposit such with the commissioner in a form acceptable to the commissioner
				within five (5) days of the auction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.13 - SELECTION; REJECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				a reasonable time after the published closing date for submission of exchange
				proposals including any period of time required for requesting, receiving and
				analyzing any supplemental information or documentation requested by the
				commissioner, the commissioner may reject all exchange proposals submitted or
				select the proposal or proposals the commissioner determines to provide the
				greatest financial benefit to the trust. The commissioner shall notify each
				exchange applicant whose exchange proposal is rejected. If the commissioner
				selects more than one proposal, the commissioner shall conduct further review
				of the proposals so selected, may request supplemental information from the
				respective applicants, and may conduct a supplemental competitive process among
				those applicants before making a final selection.
B. The commissioner reserves the right to
				reject any and all bids, or to cancel an auction, sale, or exchange at any time
				before closing, and to reinitiate the process of offering the trust lands for
				long-term lease, sale or exchange on the same or different terms.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.14 - CLOSING AN EXCHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Closing of the exchange must occur within ninety (90) days of the auction,
				except that this period may be extended as necessary in the commissioner's sole
				discretion.
B. On the date of
				closing, the successful bidder, if any, shall be required to convey the
				non-trust lands to be used as in-kind payment to commissioner and to otherwise
				pay the full amount bid through such conveyance, monetary payment or any
				combination thereof. The exchange of trust lands for non-trust lands shall be
				consummated in accordance with the exchange agreement by a simultaneous
				exchange of conveyancing documents and monetary payment, if any, between the
				commissioner and the exchange party or parties unless the exchange is part of a
				series of exchanges covered by a running exchange account agreement as provided
				in Subsection G of 19.2.21.8 NMAC.
C. If the commissioner accepts in-kind
				payment for all or part of the payment the commissioner and the applicant shall
				enter into a written exchange agreement. The exchange agreement may include,
				but shall not necessarily be limited to, legal descriptions of the trust land
				and non-trust land to be exchanged; an ALTA survey of the non-trust land unless
				waived by the commissioner; a statement of the comparative value of the tracts
				to be exchanged; a closing date; a description of the conveyance documents to
				be exchanged (which may be accomplished by attaching forms of such documents as
				exhibits); a listing of all documents to be exchanged at the closing, including
				conveyance documents and any title insurance policy documents; a statement that
				the exchange party has complied with applicable legal obligations and
				requirements with respect to the non-trust lands such as the payment of
				property taxes, and compliance with environmental, zoning, cultural properties
				or other applicable laws, as may be appropriate; any applicable escrow
				provisions; a statement as to when the parties shall be entitled to take
				possession of the lands being exchanged; a statement regarding notification of
				the exchange to the beneficiary institutions; a statement regarding the payment
				of exchange costs and improvement value; a provision for termination of the
				exchange agreement; standard contractual provisions (such as amendments, entire
				agreement, governing law); and any other terms or conditions the parties find
				appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.15 - NOTICE TO BENEFICIARY INSTITUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon causing a request for exchange
				proposals to be published as required by
				19.2.21.10
				NMAC above, the commissioner in the commissioner's discretion may submit to the
				beneficiary institutions for whose benefit the trust lands proposed to be
				exchanged are held in trust a copy of the request for exchange proposals and
				any statement of the commissioner's reasons for believing that such an exchange
				will be beneficial to the trust and to the beneficiary institutions. Upon
				entering into an exchange agreement as required by
				19.2.21.14
				NMAC above, the commissioner in the commissioner's discretion may submit to the
				beneficiary institutions a copy of the exchange agreement and any explanatory
				materials the commissioner finds appropriate.
B. Upon consummation of an exchange, the
				commissioner shall submit a written report to all beneficiary institutions
				involved setting forth a description of the trust lands and the non-trust lands
				involved, their appraised values, the commissioner's reason for believing that
				the exchange will benefit the trust, and any other information the commissioner
				deems desirable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.16 - RECORDING

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner will cause the conveyancing documents to be
				  recorded and filed with the records division of the state land office. The
				  exchange party will cause the conveyancing documents to be recorded with the
				  appropriate county clerks and will thereafter deliver to the commissioner
				  copies thereof showing such recordation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.1 - 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 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Article XIII, Section 2, of the New Mexico
				  Constitution, the commissioner has jurisdiction over all lands and related
				  resources that the United States granted and confirmed to New Mexico under the
				  New Mexico Enabling Act. This rule, 19.2.22 NMAC, governs the granting of
				  planning and development leases, on those lands within the commissioner's
				  constitutional jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.3 - 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
				19-7-1
				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 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 2012, unless a later date is cited at the end of
				  a section.