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 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of 19.2.22 NMAC are to generate value to the
				  trust by planning and development of trust land for future sale, lease, or
				  exchange through the process of obtaining government approvals and the
				  placement of infrastructure pertinent to the planning and development of the
				  land; to assure protection and maintenance of trust assets and lands; to
				  provide planning and development lease terms and conditions; and to provide an
				  efficient process for such leasing.
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 19.2.22.8 - LEASING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				surface estate of any parcel or combination of parcels of trust land may be
				leased under a planning and development lease at the discretion of the
				commissioner.
B. A planning and
				development lease may be initiated only through public notice and a public
				auction in accordance with this rule and other applicable law, including but
				not limited to NMSA 1978 Section 19-7-9(c) (2009).
C. In making a determination as to whether to
				enter a planning and development lease, the commissioner will make a
				determination as to whether the lease is in the best interest of the trust
				based on specific considerations including but not limited to:
(1) the present value and estimated future
				value that will be created for the trust;
(2) the anticipated impact on trust lands
				adjacent to or near the proposed planning and development lease;
(3) the proposed planning and development
				lease's conformance with any joint planning agreements or existing land use
				plans;
(4) the interests of the
				local community;
(5) the
				feasibility of the proposed development project; and
(6) the ability of a lessee to execute the
				proposed development project.
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 19.2.22.9 - INITIATING A LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A planning
				and development lease may be initiated either by an applicant or by the
				commissioner.
B. Any person,
				corporation or other legal entity registered with the New Mexico public
				regulations commission, or any other legal entity authorized to do business in
				New Mexico, may apply to lease any trust lands under a planning and development
				lease by submitting an application on forms prescribed by the
				commissioner.
C. The application
				for a planning and development lease must, at a minimum, be made under oath and
				include the applicant's full name and contact information, a general
				description of the trust land proposed for leasing including its present use
				and general location, a general description of the proposed planning and
				development activities and a statement describing the anticipated benefits to
				the trust.
D. The application must
				include a nonrefundable application fee and advertising deposit in the amount
				established by the commissioner.
E.
				If, after an initial evaluation of an application, the commissioner determines
				that proceeding with the proposed planning and development lease may be in the
				best interest of the trust:
(1) the
				commissioner shall require that a base appraisal be performed consistent with
				Paragraph (1) of Subsection A of 19.2.22.17 NMAC below;
(2) the commissioner may also require a
				survey plat and legal description of the trust lands performed by a licensed
				professional surveyor in the state of New Mexico; and
(3) the commissioner may require any other
				supplemental information from the applicant deemed appropriate under the
				circumstances.
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 19.2.22.10 - PUBLIC NOTICE OF A PROPOSED PLANNING AND DEVELOPMENT LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Advertisement. A
				notice of public auction must be published once each week for not less than 10
				consecutive weeks in a newspaper of general circulation published in Santa Fe,
				and in a newspaper of general circulation published nearest the offered land.
				The notice of lease sale must contain:
(1)
				the date, time and place of the auction;
(2) a description of the trust land offered
				for lease and any limitations on the uses of the land including any local land
				use restrictions, covenants, master plans, joint planning agreements or any
				restrictions established by the commissioner;
(3) a statement as to whether the lease may
				be reasonably amended after its execution; and
(4) the name of the person to contact at the
				state land office for additional information on the auction and the trust land
				being offered for lease.
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 19.2.22.11 - PUBLIC AUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may, under the following procedures, offer a
				  planning and development lease to the highest and best bidder after public
				  notice and a public auction. In order to qualify to bid at a public auction,
				  each prospective bidder must satisfy both a qualification deposit and the
				  bidder qualifications prescribed by the commissioner in accordance with the
				  following.
A. Qualification deposit.
				Each prospective bidder must deposit with the commissioner the following
				amounts which are to be specifically described in the public notice:
(1) the costs of the auction, whether
				incurred by the state land office or the applicant; such costs and expenses may
				include, but are not limited to, the costs of appraisals, surveys, advertising,
				land use planning, and brokerage or other real estate fees;
(2) the first rental payment under the
				planning and development lease; and
(3) if the trust land offered for lease has
				IV or improvements from a previous lease, all prospective bidders must deposit:
(a) a sum equal to the value of the IV, the
				improvements, or both, or a bond or letter of credit sufficient to cover the
				value of these (the holder of IVC or the owner of improvements need not make
				this deposit); or
(b) if the
				commissioner has agreed that its portion of the IV will be rolled over into the
				subsequent lease all bidders except for the holder of IVC must deposit:
(i) a sum equal to the IVC or a bond or
				letter of credit sufficient to cover the IVC;
(ii) a bill of sale for the IVC executed by
				the holder of the IVC; or
(iii) a
				waiver of payment signed by the holder of the IVC.
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 19.2.22.13 - SUBLEASE; ASSIGNMENT OR PARTIAL ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any sublease, assignment or partial
				assignment for use of trust land is void without the approval of the
				commissioner. The commissioner's approval may be conditioned upon such terms or
				requirements as are deemed to be in the best interests of the trust including
				but not limited to:
(1) additional
				consideration to the commissioner;
(2) disclosure of the value paid to the
				lessee in consideration of the assignment or sublease; and
(3) that the sublessee, assignee or partial
				assignee meets the same or substantially similar minimum qualifications that
				were required of the lessee at the time of bidder qualification.
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 19.2.22.14 - COLLATERAL ASSIGNMENTS; LEASEHOLD MORTGAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise provided in a planning
				and development lease, and subject to the prior approval of the commissioner, a
				lessee's interest in a planning and development lease or infrastructure,
				inclusive of accrued IVC, may be collaterally assigned or mortgaged by the
				lessee. An approved collateral assignee or mortgagee shall not have a lien on
				the commissioner's interest in the trust land, the lease, any infrastructure,
				or the commissioner's reversionary interest in the real and personal property
				subject to the lease. Any attempt to collaterally assign or mortgagee a
				lessee's interest in a planning and development lease, or in any
				infrastructure, without the approval of the commissioner, will be void and will
				not vest the purported collateral assignee or mortgagee with any right, title,
				interest, claim or privilege with respect to such lease or infrastructure.
(1) Prior to making any collateral assignment
				a lessee shall apply to the commissioner, under oath, and on such form as may
				be prescribed by the commissioner. The lessee shall include a copy of the
				proposed collateral assignment or leasehold mortgage and pay any applicable
				fees set out in the schedule of fees.
(2) The commissioner may approve the
				collateral assignment or leasehold mortgage subject to such terms and
				conditions that the commissioner deems to be in the best interests of the
				trust, and may agree to such reasonable amendments to the planning and
				development lease as may be necessary for the collateral assignment or
				leasehold mortgage.
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 19.2.22.15 - APPROVAL OF GOVERNMENT APPROVALS AND INFRASTRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
No government approvals may be secured, or infrastructure
				  placed, developed, created or constructed on trust land, or obtained or
				  developed for the benefit of trust land, or made appurtenant to trust land
				  without prior approval by the commissioner. Such approval will not be
				  unreasonably withheld and may be conditioned upon certain requirements imposed
				  by the commissioner which may include, without limitation, consistency with
				  previous government approvals, and the provision of a bond or other adequate
				  security to assure proper removal of infrastructure (when appropriate) from
				  trust land and the restoration of trust land. Unless otherwise required by the
				  terms of a lease, all government approvals and infrastructure will remain on
				  the trust land even after cancellation or termination of a lease.
A. A request for the commissioner's approval
				of improvements, governmental approvals or infrastructure must be made in
				writing on such forms and in such manner as may be required by the
				commissioner, and must be accompanied by the fee set forth in the schedule of
				fees, if any. Once received, the commissioner shall act to approve or reject
				the proposed improvements or infrastructure within 30 days from the date of
				receipt. However, the commissioner is not obligated to approve any
				infrastructure, improvements or government approvals, and failure by the
				commissioner to act upon such requests within 30 days deems the request
				denied.
B. The commissioner may
				preapprove existing and proposed infrastructure or government approvals with
				the lease when the commissioner determines it is in the best interests of the
				trust.
C. If the lessee fails to
				obtain the commissioner's prior approval for infrastructure or government
				approvals, the commissioner may, for an additional fee, approve such items
				after they have been placed, developed, created or constructed on, obtained or
				developed for the benefit of, or made appurtenant to trust land 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 22 - PLANNING AND DEVELOPMENT LEASES › Section 19.2.22.16 - REMOVAL OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				the termination of a planning and development lease, all unapproved
				infrastructure must be removed from the trust land unless otherwise provided in
				the lease or in writing by the commissioner.
(1) No item of infrastructure may be removed
				without the commissioner's approval if a lessee owes rent or any other sums to
				the commissioner or if any material duties required under the lease remain
				unperformed.
(2) The commissioner
				may require, in writing, that designated unapproved infrastructure be left in
				place. Such infrastructure will become the property of the commissioner and no
				person will be entitled to any IVC for such infrastructure, and the lessee will
				be deemed to have waived any claim of government taking or other
				damages.
(3) Any unapproved
				infrastructure left on trust land without the commissioner's approval will
				remain the liability of the lessee. The commissioner may elect to take any
				necessary action to remove such infrastructure and all costs and fees incurred
				will constitute additional rent due from the lessee under the lease.
				Alternatively, the commissioner may declare the property abandoned and
				ownership transferred to the commissioner and the lessee will be deemed to have
				waived any claim of government taking or other damages.
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 19.2.22.18 - TAKE-OUT LEASES; TAKE-OUT SALES OR EXCHANGES AUTHORIZED

Current through Register Vol. 35, No. 13, July 16, 2024
During the term of a planning and development lease, a lessee
				  may from time to time apply for a take-out lease or take-out sale or exchange.
				  Take-out sales will be considered most appropriate where the final land use
				  proposal is owner-occupied residential, otherwise take-out leases in the form
				  of long term business leases will be considered most
				  appropriate.
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 19.2.22.19 - ACQUISITION OF RIGHTS-OF-WAY BY LESSEE FOR DEDICATION TO A GOVERNMENTAL ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
Trust lands within a planning and development lease may,
				  from time to time, be purchased by a lessee for dedication to a governmental
				  entity as rights-of-way pursuant to the following:
A. Dedications through long term lease, sale,
				or exchange. A lessee may acquire rights-of-way by lease, sale, or exchange
				only after 10 weeks public notice and a public auction as required by
				applicable state land office rules and other applicable law.
B. Dedications through easement with right of
				reversion. A lessee may acquire rights-of-way in the form of an easement where
				the easement is simultaneously dedicated to a governmental entity for a term of
				"for so long as it used for a public purpose."
C.
Pricing of the easement.
Rights-of-way acquired by
				a lessee on behalf of a governmental entity and simultaneously dedicated to the
				governmental entity will, at the sole discretion of the commissioner, be priced
				either on a per rod basis pursuant to the commissioner's standard price
				schedule, or at the per acre value as extrapolated from BV without adjustment
				for NA or SVA. In determining the proper pricing for the right-of-way, the
				commissioner shall consider the immediate and certain economic impacts to
				adjacent trust lands, if any, that may reasonably result from the right-of-way
				and associated infrastructure.
D.
				Effect on IV. The acquisition or dedication of a right-of-way pursuant to this
				section is not a disposition for purposes of IV, and such dedications will in
				no way impact a lessee's right or interest in IVC. A lessee may claim IVC
				relating to infrastructure on portions of the leased premises dedicated as
				rights-of-way at the time of a subsequent disposition.
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 19.2.22.20 - RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A lessee may,
				with the approval of the commissioner, relinquish to the commissioner the
				lessee's interest in a planning and development lease. The commissioner may
				establish in the terms of a lease conditions pursuant to which the lessee may,
				at prescribed times, relinquish all or portions of the lease.
B. A lessee may request relinquishment of the
				lease on forms prescribed by the commissioner and upon payment of a
				relinquishment fee, provided that:
(1) the
				lessee is in compliance with the terms of the lease; and
(2) all improvements made pursuant to the
				lease on, for, or appurtenant to the lands leased have been approved by the
				commissioner and arrangements satisfactory to the commissioner have been made
				for either the removal or the retention of the improvements.
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 19.2.22.21 - DEFAULT; REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided in a planning and development
				  lease, a lessee shall be in default under a planning and development lease if a
				  breach of the lease is not cured within 30 days after the commissioner gives
				  written notice of the breach to the lessee. A breach of the lease may include,
				  without limitation, a failure to pay any rent or other monetary obligation due
				  under the lease, or a violation of any term, condition, or covenant of the
				  lease, or the failure to perform or observe any other obligation of the lessee
				  under the lease.
A. Notice. Written
				notice of a breach shall be sent to the lessee, and to the holder of any
				collateral assignment or leasehold mortgage, at their addresses of record at
				the state land office, by certified mail. The commissioner need only provide
				proof of mailing to establish satisfactory compliance with this notice
				requirement.
B. Remedies. On the
				default of a lessee, the commissioner shall have all the remedies available to
				the commissioner at law or in equity in New Mexico, and as provided in the
				planning and development lease, including, without limitation, terminating the
				lease, retaking possession of the leased trust land with or without termination
				of the lease, and proceeding to recover any damages, including damages for any
				unpaid or unperformed obligations of the lessee.
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 19.2.22.22 - EXISTING LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided in this section, the commissioner may not
				  lease under a planning and development lease any trust land currently leased
				  under an existing surface lease unless the existing lessee relinquishes the
				  lessee's interest in the trust land or the commissioner exercises any right of
				  withdrawal of land which the commissioner may have. Notwithstanding the
				  foregoing, the commissioner may determine that a proposed planning and
				  development lease will not unreasonably interfere with the authorized uses
				  under an existing lease, and may allow a new planning and development lease in
				  compliance with the following requirements.
A. The new planning and development lease
				shall identify the existing lease, shall state that the new planning and
				development lessee's rights and privileges are subject to the existing lessee's
				rights and privileges under the existing lease, unless waived or amended, and
				shall provide that the new planning and development lessee will not interfere
				with the uses permitted under the existing lease.
B. The existing lessee must consent in
				writing to the new planning and development lease unless the commissioner
				previously reserved the right to execute such a lease under the terms of the
				existing lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.1 - 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 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part pertains to the expenditure of funds from the state
				  trust lands restoration and remediation fund created under Section
				  19-1-11
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The state land office's authority to administer the state
				  trust lands restoration and remediation fund is found in Section
				  19-1-11
				  NMSA 1978. Under Section
				  19-1-1
				  NMSA 1978, the commissioner is the executive officer of the state land office.
				  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 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 2017, 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 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide for the orderly,
				  lawful, and appropriate expenditure of funds from the state trust lands
				  restoration and remediation fund to administer contractual surface damage and
				  watershed restoration and remediation projects on state trust lands, which are
				  under the care, custody and control of the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 19.2.23 NMAC, the following terms have the meaning
				  set forth in this section unless otherwise indicated in the text of this
				  rule:
A.
"clearance and
				compliance requirements"
means biological and archeological surveys, or
				site delineation surveys, or any other state or federal regulatory requirement
				that may be needed to proceed with a restoration or remediation
				project.
B.
"commissioner"
means the New Mexico commissioner of public lands,
				and the commissioner's appointees under Section
				19-1-7
				NMSA 1978 acting within the scope of their authority. The commissioner may
				delegate to state land office staff the performance of functions required of
				the commissioner under this part.
C.
"contaminant"
means solid
				waste, hazardous materials, or any other state- or federally-regulated
				substance that threatens, or could threaten, public health or the
				environment.
D.
"contractual
				surface damage and watershed restoration and remediation projects"
means
				projects performed by vendors or service providers through contracts with the
				state land office to repair surface damage on, restore or remediate state trust
				lands.
E.
"in-kind
				contribution"
means a contribution of labor, materials, or other
				non-monetary resources by an individual or entity other than the state land
				office.
F.
"matching
				contribution"
means a monetary contribution by an individual or entity
				other than the state land office.
G.
"reclamation"
means returning
				land that has been rendered unusable by human activities or natural processes
				to a usable state.
H.
"remediation"
means actions necessary to investigate, prevent,
				minimize, remove, or mitigate threats to the public health or to the
				environment that may otherwise result from a release or threat of release of
				contaminants.
I.
"restoration"
means repairing or treating a site to return it to a
				desired previously existing condition or to achieve native plant cover and
				diversity levels equal to or exceeding the natural potential levels in
				undisturbed soils adjacent to the project area.
J.
"restoration and remediation
				fund"
means the state trust lands restoration and remediation
				fund.
K.
"state land
				office"
means the New Mexico state land office established under Section
				19-1-1
				NMSA 1978, the executive officer of which is the commissioner.
L.
"surface damage"
means the
				removal of, mechanical disturbance to, or introduction of hazardous materials
				to, the ground surface, vegetation, or soils in a given location.
M.
"trust lands"
means those
				lands, their natural products and all assets derived from them, which are under
				the care, custody and control of the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.8 - PERMISSIBLE FUND EXPENDITURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Expenditures made from the state trust lands restoration and remediation fund
				shall be used to implement the following categories of projects:
(1) surface damage remediation and
				restoration;
(2) watershed, forest,
				or grassland restoration;
(3)
				illegal dump site remediation and restoration; and
(4) contaminated site remediation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.9 - PROJECT PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Land
				restoration or remediation project proposals may be initiated by the
				commissioner or by outside individuals or entities, as follows:
(1) the commissioner may direct state land
				office staff to prepare proposals for state trust land restoration or
				remediation projects; or
(2)
				individuals or entities that wish to partner with the state land office on a
				restoration or remediation project involving state trust lands may submit a
				written request to the commissioner using guidelines provided by the land
				office. If, in the commissioner's judgment, the requested project should be
				considered for funding from the land restoration and remediation fund, the
				commissioner shall direct land office staff to prepare a project proposal in
				consultation with the requestor.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.10 - SELECTION OF PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
In considering which projects to fund, the commissioner will
				  give consideration to the following priorities:
A. emergency treatments requiring a timely
				response to any situation that presents an imminent and substantial danger to
				life, public health, property, or the environment;
B. projects that:
(1) protect communities by reducing the risk
				of wildfire or the risk of harm to water quality and quantity;
(2) restore or remediate threats to forests,
				grasslands, or watersheds that have been identified by the commissioner as
				priority resources;
(3) involve
				in-kind or matching contributions for twenty percent or more of the total
				project cost;
(4) provide an
				equitable, statewide geographic distribution of funds;
(5) build on previous expenditures or
				leverage resources;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 23 - STATE TRUST LANDS RESTORATION AND REMEDIATION FUND › Section 19.2.23.11 - COST RECOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				any expenditure made from the restoration and remediation fund, the
				commissioner shall attempt to recover the project costs from any person or
				entity that may bear liability for that project under any lease, easement, or
				other agreement with the state land office, or by statute, including the
				Voluntary Remediation Act (Chapter 74, Article 4G NMSA 1978), the New Mexico
				Mining Act (Chapter 69 Article 36 NMSA 1978), the Surface Mining Act (Chapter
				69, Article 25A NMSA 1978), the Oil and Gas Act, (Chapter 70, Article 2 NMSA
				1978), the Water Quality Act (Chapter 74, Article 6 NMSA 1978), the Solid Waste
				Act (Chapter 74, Article 9, Sections 1-42, 72-73 NMSA 1978), or the Hazardous
				Waste Act (Chapter 74, Article 4 NMSA 1978).
B. Prior to making an expenditure from the
				restoration and remediation fund for which the commissioner will seek to
				recover project costs, the commissioner shall send written notice notifying the
				person or entity, if known, that the commissioner may initiate an action to
				recover project costs. Notwithstanding the foregoing, lack of written notice
				does not waive the commissioner's right to recover project costs from any
				person or entity that may bear liability for the project.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.1 - 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 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part pertains to the identification and protection of
				  cultural properties 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 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner is the executive officer of the state land
				  office, pursuant to Section
				  19-1-1
				  NMSA 1978. The commissioner's authority to manage, control, and care for state
				  trust lands is found in N.M. Const., art. XIII, Section 2 and in Section
				  19-1-1
				  NMSA 1978. The New Mexico Cultural Properties Protection Act, Sections
				  18-6A-1 to
				  18-6A-6
				  NMSA 1978, requires the state land office, as an agency with jurisdiction over
				  state land, to exercise due caution to ensure that cultural properties on state
				  trust lands are not inadvertently damaged or destroyed. The New Mexico Cultural
				  Properties Act, Sections
				  18-6-1 to
				  18-6-17
				  NMSA 1978, authorizes the commissioner to initiate action against any person
				  who violates the Cultural Properties Act by causing damage to or destroying
				  cultural properties located on state trust lands. 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 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2022 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 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish and maintain
				  processes to proactively identify cultural properties on state trust lands to
				  ensure that such properties are not damaged or destroyed, by generally
				  requiring informational reviews and archaeological surveys before surface
				  disturbing activity on state trust lands takes place, requiring avoidance and
				  mitigation of damage to cultural properties, and providing mechanisms to
				  enforce protections for cultural properties. This part applies to all state
				  trust lands, the surface of which is held in trust by the
				  commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.9 - ACKNOWLEDGMENT-ONLY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The acknowledgement specified in Subsection B of 19.2.24.8
				  NMAC shall be included with applications for the following, with no ARMS
				  inspection or survey as specified in Subsection C of 19.2.24.8 NMAC or
				  compliance measures as specified in Subsection D of 19.2.24.8 NMAC, unless
				  those additional measures are specifically required by the commissioner for a
				  particular application:
A. renewals or
				reissues, assignments, conversions, and subleases of existing grants, leases or
				permits, and agricultural improvement replacements, where no new surface
				disturbance will occur, or when the area of potential effect of a new project
				activity is entirely within a previously disturbed area of the same nature and
				extent of disturbance;
B.
				applications for new agricultural leases in open acreage or through competitive
				bid; and
C. applications for
				non-surface disturbing rights of entry, with the final decision vested with the
				commissioner about whether or not the relevant activity is surface
				disturbing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.10 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following activities are exempt from the acknowledgment, ARMS inspection and
				survey, and compliance measures requirements of this rule. These exemptions do
				not provide authorization to enter or occupy state trust lands, which must be
				granted by the commissioner under a valid lease, easement, permit, or other
				instrument:
(1) law enforcement, emergency
				response, or natural disaster response ("emergency response") activities,
				whether or not undertaken by or in coordination with the state land office,
				that are necessary to protect immediate threats to public health, safety, or
				the environment, including but not limited to firefighting, flood management,
				or for controlling, containing, or capturing releases of hazardous or harmful
				materials. If the state land office is not already involved in undertaking or
				coordinating the emergency response, it shall be notified of the response as
				soon as practicable. Any known cultural property within the area of emergency
				response should be monitored to the extent practicable so that any adverse
				effects to the cultural property can be avoided, mitigated, or
				minimized;
(2) administrative
				actions performed by the state land office, such as executive orders or rule
				making activities, and any internal agency processes or decisions that do not
				create new surface disturbance;
(3)
				memoranda of understanding or agreements to cooperate executed by the
				commissioner;
(4) easements,
				leases, or other instruments granted by the commissioner to any person that do
				not directly expand current surface uses or create new surface
				disturbance;
(5) recreational
				access permits and educational access permits, applications for such permits,
				non-surface disturbing natural resource authorizations, or activities that
				already require the presence of an archaeological monitor such as special use
				agreements;
(6) projects analyzed
				under the National Environmental Policy Act of 1969,
				42 U.S.C. Section
				4321 et seq. and the National Historic
				Preservation Act of 1966,
				16 U.S.C. Section
				470 et seq., and their implementing
				regulations, so long as such analysis includes impacted state trust lands. For
				such projects, the party shall submit a copy to the state land office of the
				survey or portions thereof pertaining to impacted state trust lands;
(7) acquisition or disposition of lands
				through exchange or sale; and
(8)
				plugging, restoration, remediation, or reclamation activities that do not
				involve new surface disturbing activity outside the authorized boundaries of
				any existing roads, rights of way, well pads, associated oil and gas facilities
				or other structures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  P.O. Box 1148, Santa Fe, New Mexico 87504-1148.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule pertains to all oil and gas leases on those lands
				  held in trust by the commissioner of public lands under the terms of the
				  Enabling Act and subsequent legislation (trust lands).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage trust lands is found
				  in Article 13 of the constitution of New Mexico, and in Section
				  19-1-1
				  NMSA 1978. The commissioner's authority to promulgate this rule is found in
				  Section
				  19-1-2
				  NMSA 1978. The commissioner's authority over lessees and leases for the
				  exploration, development and production of oil and natural gas on trust lands
				  is found in Sections
				  19-10-1
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 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.100 NMAC is to provide for the orderly
				  and lawful administration, and the appropriate exploration, development and
				  production, of oil and natural gas on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Schedule of fees"
means a list of fees that
				  must be paid for performance of certain administrative functions. The schedule
				  of fees shall be published on the state land office website and is subject to
				  change at the discretion of the commissioner. Unless otherwise noted in the
				  schedule of fees or in this rule, the fee shall be
				  non-refundable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.8 - PRODUCTS INCLUDED

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner is authorized to execute and issue oil and
				  gas leases covering state common school and institutional trust lands as lessor
				  in the name of the state of New Mexico. The form of basic lease is statutory
				  and includes carbon dioxide. All leases issued after June 9, 1963, include
				  helium. Leases issued on or before June 9, 1963, do not include helium gas
				  unless stipulated as provided in
				  19.2.100.55
				  NMAC. All forms are provided by the land office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.9 - CLASSIFICATION INTO DISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
There are two types of districts, known respectively as
				  restricted districts and non or unrestricted districts. A restricted district
				  comprises an area usually in a proven oil and gas area and is created by
				  statute or by authority of the commissioner. A non- or unrestricted district
				  includes all lands outside the exterior boundaries of restricted
				  districts.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.10 - LANDS SUBJECT TO LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
All state lands presently open for oil and gas lease
				  purposes, or lands which may become open in the future due to the cancellation
				  or expiration of leases, or for any other reason, may be leased only by
				  competitive bid after public notice in accordance with
				  19.2.100.25
				  NMAC hereof, except as provided in
				  19.2.100.12
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.11 - RESTRICTED DISTRICTS - LEASING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All lands within a restricted district are classified as restricted lands and
				no tract of such lands shall be leased without being further categorized by the
				commissioner as either regular or premium based upon five factors: oil and gas
				trends; oil and gas traps; reservoir volume and recovery rating; lease bonus
				rating; and exploration and activity. A percentage of zero percent to twenty
				percent shall be allocated to each factor. In allocating percentages, the
				following procedures and criteria shall be used:
(1) Oil and gas trends, i.e., where
				depositional and structural conditions are favorable for accumulation of oil
				and gas, shall be determined as accurately as possible by the commissioner upon
				the advice of a qualified geologist using drilling patterns, geological society
				data, well records and logs, available seismic surface and subsurface
				geological information and structural maps;
(2) The likelihood of locating structural or
				stratographic oil and gas traps necessary for the accumulation of oil or gas in
				commercial quantities shall be determined by the commissioner upon the advice
				of a qualified geologist and a petroleum engineer based upon available seismic
				and geological data;
(3) Reservoir
				volume and recovery rating shall be determined considering the nearest known
				reservoir conditions which may be reasonably assumed to be applicable. Known
				porosity, permeability, water saturation, pressures and recovery factors shall
				be included when available and shall be utilized by a qualified petroleum
				engineer in recommending a reservoir volume and recovery rating;
(4) Lease bonus rating shall be based upon
				all available recent leasing data which may be reasonably assumed to be
				applicable. In the absence of sufficient recent leasing data, drilling
				patterns, geological trends, available seismic data and known or reasonably
				assumed structural features may be considered in determining the lease bonus
				rating; and
(5) Exploration and
				drilling activity shall be determined considering all available information
				which may include drilling patterns, approved drilling permits, progress
				reports of drilling wells, workover notices and other information which may be
				reasonably assumed to be applicable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.12 - UNRESTRICTED DISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
Lands in an unrestricted district are ordinarily leased by
				  offering them for sale at public auction to the highest and best bidder, as
				  hereinafter explained and in accordance with
				  19.2.100.25
				  NMAC
et seq
. However, such lands may be leased on application
				  without bidding if, in the opinion of the commissioner, the best interests of
				  the trust will be served by so doing.