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 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.15 - PRODUCTION ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
State coal leases shall provide for a royalty of twelve and
				  one-half percent (12 1/2%) of the proceeds received from the sale of all
				  surface-mined coal or, at the option of the commissioner, the market value of
				  the surface-mined coal, and eight percent (8%) of the proceeds received from
				  the sale of all underground-mined coal or, at the option of the commissioner,
				  the market value of the underground-mined coal. The royalty rate may be reduced
				  by the commissioner upon a showing that the leases for the non-state lands in
				  the same logical mining unit provide for a lower rate or that the leased lands
				  will be bypassed and not mined without a rate reduction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.16 - ADVANCE ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
In lieu of the actual production requirement, expiration of a
				  lease may be prevented by the timely payment of an advance royalty equal to the
				  estimated royalty obligation which would be due if one percent (1%) of the
				  recoverable reserves of the leased land were produced. Payment of the advance
				  royalty on or before a lease anniversary date will act to extend the lease
				  until the next ensuing anniversary date; provided, however, that the lease
				  shall not be extended for more than ten (10) years by payment of advance
				  royalties. Any credit later taken for advance royalties against actual
				  production royalties due shall not exceed fifty percent (50%) of the total
				  royalty due for any single reporting period.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.17 - EXPLORATION SURETY

Current through Register Vol. 35, No. 13, July 16, 2024
Before the issuance of a state coal lease, the lessee shall
				  execute and file with the commissioner a good and sufficient exploration bond
				  or other appropriate surety in an amount equal to fifteen dollars ($15.00) for
				  each acre of the leased premises to ensure compensation for damage to the
				  surface or surface improvements caused by exploration activities on the leased
				  lands. Any surety filed with the commissioner pursuant to the provisions of
				  this rule, shall be released by the commissioner either upon the acceptance of
				  a development bond or surety pursuant to
				  19.2.6.18 NMAC
				  or upon the termination of the lease and a showing that compensation has been
				  paid for any damage to the surface or surface improvements caused by
				  exploration activities. The commissioner, in the commissioner's discretion, may
				  allow an exploration bond filed with the mining and minerals division of the
				  energy, minerals and natural resources department pursuant to the Surface
				  Mining Act to satisfy the requirement of this rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.18 - DEVELOPMENT SURETY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				commencing excavation operations or development upon leased lands, a lessee
				shall execute and file with the commissioner a good and sufficient bond or
				other appropriate surety in an amount to be fixed by the commissioner and based
				upon the approved mine plan to:
(1) guarantee
				the performance of all covenants and obligations under the coal lease,
				including the obligation to pay royalties;
(2) ensure that all aspects of mining
				operations and reclamation operations are conducted in conformity with the mine
				permit issued by the mining and minerals division of the energy, minerals and
				natural resources department pursuant to the Surface Mining Act;
(3) ensure compensation for damage to the
				surface or surface improvements in the absence of an agreement between the coal
				lessee and any surface owner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.19 - ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any lease in good standing may, with the written approval of
				  the commissioner, upon such terms and conditions as the commissioner may
				  require, and payment of the fee as set forth in the schedule of fees, be
				  assigned or sublet to third persons; provided, however, no assignment of an
				  undivided interest nor any assignment or sublease of less than a legal
				  subdivision shall be recognized or approved. Provided further, however, the
				  record owner of any coal lease may enter into any contract for the development
				  of the leasehold premises or any portion thereof, or may create overriding
				  royalties or obligations payable out of production, or enter into any other
				  agreements with respect to the development of the leasehold premises or
				  disposition of the production therefrom, and it shall not be necessary for any
				  such contracts, agreements or other instruments to be approved by the
				  commissioner; but nothing herein shall relieve the record title owner of such
				  lease from complying with any of the terms or provisions thereof. All
				  assignments shall be formally executed by the proper parties upon forms
				  prescribed and furnished by the commissioner and shall recite, among other
				  things, the consideration received for the assignment. Assignments shall be
				  filed in triplicate in the New Mexico state land office in Santa Fe. The
				  original copy of each assignment will be recorded and filed as a public record
				  in the New Mexico state land office and one copy will be returned to the person
				  entitled to the same. Ordinarily, leases shall be transferred or assigned in
				  the names of no more than two persons or legal entities as provided in
				  19.2.6.13
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.20 - ASSIGNMENT BY CONSOLIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where corporations consolidate, transfer of coal
				  interest to the newly created corporation shall be accomplished pursuant to
				  19.2.6.19
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.21 - ASSIGNMENT BY MERGER

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where two (2) or more corporations merge, transfer
				  of coal interests to the surviving corporation shall be accomplished by filing
				  with the commissioner a copy of the merger agreement or certificate of merger.
				  Thereafter, the coal lease shall be transferred on the books of the New Mexico
				  state land office in the name of the surviving corporation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.22 - ASSIGNMENT BY REORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Where the assets of any corporation are taken over under
				  court order by a corporation, the procedure will follow the provisions of the
				  court order, which should direct separate assignments to be executed and filed
				  for approval in the 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 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.24 - LEASES ISSUED PRIOR TO JULY 1, 1989

Current through Register Vol. 35, No. 13, July 16, 2024
The owner of any coal lease issued prior to July 1, 1989, and
				  maintained in good standing according to the terms and conditions thereof and
				  all applicable statutes and regulations may, upon the expiration thereof,
				  obtain a new lease for the leased lands, without having to submit a competitive
				  bid, by filing an application therefor with the commissioner and paying the
				  application fee as set forth in the schedule of fees. The form of the new lease
				  shall be as prescribed in
				  19.2.6.26
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 6 - RELATING TO COAL LEASES ON STATE LAND › Section 19.2.6.25 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 19.2.6 NMAC shall apply to all coal leases
				  issued by the commissioner on or after July 1, 1989.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.1 - 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to all geothermal resources 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 the
				  lessees of such 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.3 - 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 20, 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.7 NMAC is to provide for the orderly
				  and lawful administration and the appropriate development of geothermal
				  resources on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms as used in this rule shall have the
				  meaning here indicated, unless otherwise clearly stated in the text:
A. Geothermal Resources - The natural heat of
				the earth or the energy, in whatever form, below the surface of the earth
				present in, resulting from, or created by, or which may be extracted from this
				natural heat and all minerals in solution or other products obtained from
				naturally heated fluids, brines, associated gasses, and steam, in whatever
				form, found below the surface of the earth, but excluding oil, hydrocarbon gas
				and other hydrocarbon substances.
B. Lessee - The original geothermal lessee
				and the assignee of an assignment duly approved and recognized by the
				commissioner pursuant to 19.2.7.29 NMAC through 19.2.7.36 NMAC.
C. Land - Includes all land owned by the
				state, all land owned by school districts, beds of navigable rivers and lakes,
				submerged lands, and lands in which mineral rights have been reserved to the
				state.
D. Legal Subdivision - Legal
				subdivision as used and recognized by the general land office of the United
				States and the New Mexico state land office, ordinarily consisting of forty
				(40) acres, more or less, or one- sixteenth (1/16) part of a standard section,
				including lots as designated by the U.S. survey plats.
E. Contiguous - Adjoining and having at least
				one (1) common side or boundary.
F.
				Tract Books - That set of tract books kept and maintained at the New Mexico
				state land office.
G. Person -
				Individual or corporation, but does not include partnership or any other
				unincorporated association.
H.
				Lease - A lease for the extraction and removal of geothermal resources from
				state trust lands.
I. Well - Any
				well for the discovery of geothermal resources, or any well on lands producing
				geothermal resources or reasonably presumed to contain geothermal
				resources.
J.
"Schedule of
				fees"
- 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.8 - APPLICATION FOR LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
State trust lands may be leased only upon application made to
				  the commissioner in a manner prescribed in these rules and under the Geothermal
				  Resources Act of 1967.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.9 - LANDS SUBJECT TO LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Application to lease will be considered only for such lands
				  as may be shown to be open upon the tract books of the New Mexico state land
				  office or for those for which existing leases have been officially canceled or
				  have expired and such action noted on the mineral tract books of the New Mexico
				  state land office. Lands of other school districts or state agencies shall be
				  available for leasing only after written request by the governing board of
				  public officials having ordinary jurisdiction of such lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.10 - FORMAL REQUIREMENTS FOR APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application for lease shall be made
				with ink, or with typewriter using a record ribbon, in duplicate, upon forms to
				be prescribed by the commissioner, which application shall be acknowledged
				before an officer authorized to administer oaths, shall be accompanied by the
				application fee as set forth in the schedule of fees, which fee shall not be
				refunded, and shall be accompanied by the amount of the first (1st) year's
				rental and bonus offered, if any such bonus is offered, together with an
				appraisal of the value of the land for geothermal lease purposes made under
				oath by some disinterested party who is familiar therewith.
B. A separate check or other remittance
				covering the fee, rentals and bonus, if any, shall be submitted with each
				separate application to which applicable; however, the commissioner may waive
				this requirement when extreme hardship to the applicant would otherwise
				result.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.11 - APPLICATIONS WITHOUT DEPOSIT REJECTED

Current through Register Vol. 35, No. 13, July 16, 2024
Applications not accompanied by the proper fees, money or
				  deposit, shall immediately be stamped "Rejected, No Deposit" and shall not be
				  deemed a proper application. In computing proper rental to be due in this
				  connection, the acreage as shown on the New Mexico state land office tract
				  books shall be the basis. Rentals for application purposes are to be computed
				  at the minimum rate of one dollar ($1.00) per acre or fraction thereof, unless
				  otherwise specified by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.12 - SEPARATE APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Separate applications shall be made for each lease and
				  application shall be deemed for all acreage listed thereon or for that part
				  thereof as may be available for leasing. If an application covers more than two
				  thousand five hundred sixty (2,560) acres, or if all legal subdivisions applied
				  for are not contiguous, the application shall be rejected; provided, however,
				  if an application covers less than six hundred forty (640) acres, or if all
				  legal subdivisions are not contiguous, the application shall be rejected;
				  provided, however, a lease, or leases, may be issued covering less than six
				  hundred forty (640) acres if the subdivision or parcel is isolated from and not
				  contiguous with other parcels available for lease. An application which covers
				  less than a legal subdivision or less than an entire parcel in the case of a
				  navigable river or lake bed shall be rejected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.13 - MISCELLANEOUS LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
Lands of other state agencies or school districts (other than
				  state trust lands or escheat lands under the direct control of the
				  commissioner) shall be leased only after the agency or body controlling same
				  has made request in writing to the commissioner to make same available for
				  leasing and after such lands have been posted to the mineral tract books as
				  herein provided. Premature applications covering such lands shall be rejected.
				  Lands sold prior to July 17, 1967, with minerals reserved, shall be leased only
				  after consultation with the surface patentee or contract purchaser. In
				  addition, in the event the lessee's operation will involve appropriation of
				  water, which is under the jurisdiction of the state engineer, written
				  permission of the state engineer will be required before operations can
				  commence. A copy of the written authorization of the state engineer to
				  appropriate water shall be filed with the commissioner before water is
				  appropriated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.14 - ONE (1) APPLICANT

Current through Register Vol. 35, No. 13, July 16, 2024
If more than one (1) person shall sign an application, the
				  first (1st) name appearing thereon shall be
				  considered as the bona fide applicant and the lease shall issue only in the
				  name first listed. Such person only will be recognized by the commissioner as
				  the lessee and sole record holder. This Rule specifically applies to cases of
				  partnerships and other unincorporated associations; however, said agreements
				  defining and setting out the various interests of other parties in the lease
				  may be filed with the commissioner as miscellaneous instruments, and when so
				  filed shall constitute constructive notice to the world of the existence and
				  the contents thereof; provided, however, that the commissioner shall look
				  solely and only to the lessee record holder for compliance with the terms and
				  conditions of the lease, and the commissioner shall not be a necessary party to
				  any dispute or controversy arising out of or because of such side agreement.
				  Notices hereunder and under the Geothermal Resources Act required to be given
				  to the lessee by the commissioner shall be sufficient if mailed to the record
				  lessee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.15 - PRIORITY OF APPLICANTS - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A prior application, if submitted in accordance with these
				  rules and if in proper form, shall ordinarily be given a preference right to
				  lease; provided, however, that neither this provision nor any other provision
				  or combination of provisions contained in these rules shall ever be construed
				  to limit the power of the commissioner to withhold at any time any tract or
				  tracts from leasing for geothermal resources purposes, if in the commissioner's
				  opinion the best interests of the trust, or the state agency involved would be
				  served by so doing, and no such provision or provisions shall ever be construed
				  so as to prohibit the commissioner from rejecting any application at any time
				  prior to approval and issuance of lease, and to offer said tract or tracts for
				  lease at public auction as provided in
				  19.2.7.21
				  NMAC through
				  19.2.7.26
				  NMAC, inclusive.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.16 - APPLICATION BY MAIL - SIMULTANEOUS APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications received in the same delivery
				of open mail shall be deemed to have been filed simultaneously and shall be
				stamped as of the date and hour delivery was made to the New Mexico state land
				office.
B. When newly acquired
				acreage is posted to the tract books, or when open acreage is designated upon
				the tract books to be open acreage after having been previously leased or
				withdrawn from leasing by the commissioner, all applications for lease filed
				thereon within three (3) New Mexico state land office work days after such
				posting or designating, shall be considered as simultaneous
				applications.
C. In computing the
				time, the day of relinquishment, expiration, posting or designation shall be
				disregarded.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.17 - DISPOSAL OF SIMULTANEOUS APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When simultaneous applications for lease are filed for the
				  same lands, they may be disposed of in either of the following methods, as the
				  commissioner may decide:
A. By
				submission of amended applications by the applicant in which case preference
				will be given to the applicant offering the highest bonus; or
B. By rejecting all applications and offering
				the lands for lease at public auction in the manner provided in 19.2.7.21 NMAC
				through 19.2.7.26 NMAC, inclusive.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.18 - COMMISSIONER MAY WITHHOLD LAND FROM LEASING - POSTING TO TRACT BOOK

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner, at the commissioner's discretion, may at
				  any time either before or after application is made, withhold any tract,
				  subdivision or parcel of land from leasing, if in the commissioner's opinion
				  the best interest of the trust would be served. Immediately after making
				  determination to withhold any tract or tracts, the commissioner shall reject
				  any and all pending applications and enter a proper notation upon the tract
				  books, indicating the action taken and the date thereof. If and when thereafter
				  the commissioner shall determine said lands again to be open for leasing, the
				  commissioner shall enter a notation on the tract books to that effect, and the
				  provisions of
				  19.2.7.16
				  NMAC (three day rule) shall apply from the date of said notation. Provided,
				  further, that should the commissioner so determine said lands again to be open
				  for leasing within six months from the date of withdrawal, the commissioner
				  shall give 15 days advance written notice to all previously rejected
				  applicants, if any.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.19 - APPLICANTS REJECTED - LEASE AUCTIONED

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may, at the commissioner's discretion,
				  reject any pending application for lease and offer the acreage embraced therein
				  for lease upon competitive bidding by sealed bids or at public auction to the
				  bidder offering the highest bonus in addition to the minimum annual rentals as
				  set by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.20 - KNOWN GEOTHERMAL FIELDS

Current through Register Vol. 35, No. 13, July 16, 2024
Lands classified as "known geothermal fields" as provided in
				  Section 6 of the Geothermal Resources Act (Section
				  19-13-6
				  NMSA 1978) shall be withdrawn, such withdrawal posted to the tract books, and
				  such lands shall be leased at public auction only as provided in
				  19.2.7.18
				  NMAC,
				  19.2.7.19
				  NMAC, and
				  19.2.7.21
				  NMAC through
				  19.2.7.26
				  NMAC, inclusive.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.21 - PUBLIC AUCTION SALE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Regular lease sales will ordinarily be held on the third
				  (3rd) Thursday of each month, or on the next
				  business day following where the third (3rd)
				  Thursday falls on a holiday. Special sales may also be held on other dates at
				  the discretion of the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.22 - NOTICE OF SALE POSTED - SEALED OR ORAL BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
Before any regular or special sale shall be held, the
				  commissioner shall post in a conspicuous place in the New Mexico state land
				  office, not less than ten (10) days before the date of the sale, a notice of
				  same, specifying the place, date and hour of the sale, and containing a
				  description of the lands to be offered for lease and indicating whether the
				  sale is to be by sealed bids or at oral public auction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.23 - SEALED BIDS PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In the event the sale is to be by sealed bids, bids will be
				  received up to the hour set in the notice of sale, and all bids submitted will
				  be opened at the appointed hour, and the lease will be awarded to the highest
				  bidder, subject to the right of the commissioner to reject all bids if the
				  commissioner shall deem the bids too low or shall deem it in the best interest
				  of the trust to do so. In the event of such rejection, the action taken, the
				  date and hour thereof, and reason therefor, shall be indicated on the tract
				  books, in the same manner as provided in
				  19.2.7.18
				  NMAC. Sealed bids will be accompanied by remittance covering application fee,
				  first year's rental and bonus offered.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.24 - ORAL BIDS - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In the event sale is by public auction, the successful bidder
				  will be required to pay the filing fee as set forth in the schedule of fees,
				  the first (1st) year's rental and bonus offered on or before close of business
				  on the date of sale.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.25 - WHERE NO BIDS RECEIVED

Current through Register Vol. 35, No. 13, July 16, 2024
If no bids are received for any tract described in the
				  notice, said tract shall be considered as withdrawn until further notice and
				  proper notations made upon the mineral tract books.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.26 - TIE BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event the sale is by sealed bid and in the event two
				  (2) or more highest bids are received for the same tract, offering the same
				  bonus, the lease shall be disposed of by submission of amended applications by
				  the applicants, in which case preference will be given to the applicant
				  offering the higher bonus.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.27 - FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Leases are to be made upon forms prescribed and furnished by
				  the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.28 - LIMITATIONS OF ACREAGE

Current through Register Vol. 35, No. 13, July 16, 2024
No person, association or corporation shall take, hold, own
				  or control any interest, direct or indirect, in state geothermal resources
				  leases exceeding fifty-one thousand two hundred (51,200)
				  acres.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.29 - LIMITATIONS ON ASSIGNMENTS - MANNER OF EXECUTION

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to such conditions as the commissioner may require,
				  leases may be assigned in whole or in part; however, no assignment of an
				  undivided interest in a lease or any part thereof, or any assignment of less
				  than a legal subdivision or tract shall be recognized or approved by the
				  commissioner. Such 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 (1) copy shall be recorded permanently,
				  another filed, and the third (3rd) copy returned to
				  the assignee. The approval of the commissioner shall be noted upon all
				  copies.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.30 - FORMS AND FEE

Current through Register Vol. 35, No. 13, July 16, 2024
All assignments shall be upon forms prescribed and furnished
				  by the commissioner which shall recite, among other things, the consideration
				  paid for the assignment. The fee for filing shall be as 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.31 - REFUSAL AND CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may refuse to approve any assignment and may
				  condition the commissioner's approval on such additional terms and compensation
				  as the commissioner may deem 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.32 - EFFECT OF COMMISSIONER'S APPROVAL - MISCELLANEOUS INSTRUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval of the commissioner, the assignor shall be
				  relieved from all obligations owing to the state of New Mexico with respect to
				  the lands embraced in the assignment, and the state shall likewise be relieved
				  from all obligations to the assignor as to the said lands, and the assignee
				  shall succeed to all the rights and privileges of the assignor and assumes all
				  of the duties and obligations of the assignor as to the said lands; provided,
				  however, any record owner of any lease may enter into any contract for the
				  development of the leasehold premises or any portion thereof, or may create
				  overriding royalties or obligations payable out of production, or enter into
				  any agreements with respect to the development or operation of the leasehold
				  premises. It shall not be necessary for any such contracts, agreements or other
				  instruments to be approved by the commissioner, but nothing contained in these
				  rules shall relieve the record title owner of such lease from complying with
				  any of the terms or provisions thereof, and the commissioner shall look solely
				  and only to such record owner for compliance therewith, and in any controversy
				  respecting any such contracts, agreements or other instruments, the
				  commissioner shall not be a necessary party. All such contracts, agreements and
				  other instruments may be filed either in the office of the commissioner or
				  recorded in the office of the county clerk wherein the lands are situated, and
				  the filing and recording thereof shall constitute notice to the world of the
				  existence and the contents thereof, except as to the commissioner. The fee for
				  filing such miscellaneous instruments with the commissioner shall be as 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.33 - EFFECT OF ASSIGNMENT ON PRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
When any assignment of a portion of the lease shall be
				  approved by the commissioner, the assigned and the retained portions of the
				  lease shall be treated and considered as separate leases for the purpose of
				  determining whether the lessee or lessees have a right of renewal for
				  succeeding five (5) year terms, and also for the purpose of bonding as provided
				  in
				  19.2.7.37
				  NMAC,
				  19.2.7.38
				  NMAC, and
				  19.2.7.39
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.34 - ASSIGNMENTS TO BE RECORDED IN NEW MEXICO STATE LAND OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
Assignments must be accompanied by the filing fee as set
				  forth in the schedule of fees and filed with the commissioner within one
				  hundred (100) days after having been signed by the assignor as shown upon the
				  face of the instrument and not from the date of acknowledgment. Those presented
				  after expiration of that time shall not be approved unless it can be shown to
				  the satisfaction of the commissioner that extreme hardship will result to one
				  (1) or more of the parties and that no prejudice to the rights of the state of
				  New Mexico will occur. An additional fee as set forth in the schedule of fees
				  will be charged for each such assignment (or each group of assignments, if the
				  same basic facts are involved) to cover expense of investigation and records
				  search.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.35 - RESIDENT DECEDENT'S LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
To effect transfer of an interest in a lease owned by a
				  deceased resident of New Mexico, proper probate proceedings must be had in
				  accordance with the New Mexico Probate Code, and certified copies of such
				  proceedings showing proper legal authority to transfer must be filed with the
				  commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.36 - FOREIGN DECEDENT

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a decedent owner of a lease was a resident of a
				  state other than New Mexico, the estate must be probated in the state of such
				  residence and ancillary proceedings conducted in the proper New Mexico court,
				  and certified copies of such proceedings showing proper legal authority to
				  transfer must be filed with the commissioner. Provided, however, where the
				  decedent died on or after July 1, 1976, the lease may be transferred upon the
				  foreign personal representative's compliance with the provisions of the New
				  Mexico Probate Code.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.37 - SURETY TO PROTECT SURFACE LESSEE WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before any lessee shall commence
				development or operations, including any and all prospecting activities upon
				the lands, such lessee shall execute and file with the commissioner a
				sufficient bond or other surety, in an amount to be fixed by the commissioner,
				but not less than five thousand dollars ($5,000.00), in favor of the state of
				New Mexico, for the benefit of the state, its contract purchaser, patentee, or
				surface lessee, to secure payment for any damages to the leased land or
				tangible improvements upon the leased land as may be suffered by reason of
				development and operations upon the land by the lessee.
B. The bond may be either a corporate or
				individual surety bond and such sureties may be required to furnish proof that
				their net worth free and clear of all indebtedness or claims equals or exceeds
				the amount of the obligation. In lieu of said bond, with the commissioner's
				consent, the lessee may file with the commissioner a waiver of bond or other
				surety duly executed and acknowledged by the applicable surface owner or
				holders owning improvements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.38 - PERFORMANCE SURETY

Current through Register Vol. 35, No. 13, July 16, 2024
Before a lease shall issue, the lessee shall file with the
				  commissioner a bond or other surety in an amount to be set by the commissioner
				  which the commissioner deems necessary to guarantee payment of royalties to
				  become due the state of New Mexico. With the approval of the commissioner, in
				  lieu of separate surface improvement damage and performance bonds, a
				  twenty-five thousand dollar ($25,000.00) bond or other surety may be used at
				  the option of lessee for the use and benefit of the commissioner, to secure
				  surface improvement damage and the performance of the lessee as lessee under
				  one or more state leases or permits for minerals, oil and gas, coal or
				  geothermal resources, or as holder under one or more state rights of way or
				  easements which the lessee has executed with the commissioner. The lessee will
				  be obligated to perform and keep all terms, covenants, conditions and
				  requirements of all state leases for minerals, oil and gas, coal or geothermal
				  resources, and of all state rights of way and easements executed with the
				  commissioner, including the payment of royalties when due and compliance with
				  all established mining plans and reclamation requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.39 - FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Forms for all bonds are prescribed and furnished by the
				  commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.40 - ROYALTY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Lessees shall file royalty reports as such times and upon
				  forms as may be prescribed by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.42 - COLLATERAL ASSIGNMENTS OF LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Collateral assignments of leases shall be filed in duplicate
				  upon forms provided by the commissioner together with the filing fee as 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 7 - RELATING TO GEOTHERMAL RESOURCES LEASES › Section 19.2.7.43 - CO-OPERATIVE OR UNITIZED DEVELOPMENT FOR OPERATION OF LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may, after public hearing, approve
				  cooperative or unit development for operation of leases under the provisions of
				  Section 14 of the Geothermal Resources Act (Section
				  19-13-14
				  NMSA 1978) upon the commissioner's determining that such will be in the
				  interest of conservation of geothermal resources and where the commissioner
				  finds such would be to the best interests of the trust or the agency with
				  jurisdiction over the lands involved.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.1 - 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 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Current and future lessees of state trust
				  lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  19-1-23
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 29, 1996, 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 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To clarify the definition of an agricultural lease, add
				  specific guidelines for conducting appraisals of improvements located on state
				  trust lands, update and clarify the procedures for documenting a lessee's
				  improvements, delete the provision allowing applications to lease a part of the
				  state trust lands held under an existing lease, require a lessee to fence land
				  held under an agricultural lease unless the land is managed in conjunction with
				  adjoining land, add language clarifying when a sublease is created, clarify
				  aspects of processing multiple applications ("competitive bids") to lease the
				  same trust land, and address other aspects of leasing lands under an
				  agricultural lease of state trust lands.