New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 21 - LAND EXCHANGES › Section 19.2.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms are used in this part as defined
				  below:
A. "beneficiary institutions"
				means those institutions or other entities specified in Section
				19-1-17
				NMSA 1978, as amended, or other provisions of statute for whose benefit trust
				lands are held;
B. "commissioner"
				means the New Mexico commissioner of public lands or the commissioner's agents
				or employees who are authorized to act in the commissioner's stead in a
				particular transaction;
C.
				"cultural property" means a structure, place, site or object having historic,
				archaeological, scientific, architectural or other cultural significance and
				included on or eligible for inclusion on either the New Mexico register of
				cultural properties pursuant to the New Mexico Cultural Properties Act, NMSA
				1978, Sections
				18-6-1
				through
				18-6-17,
				or listed on or eligible for listing on the national register of historic
				places pursuant to the National Historic Preservation Act,
				16 U.S.C. Section
				470;
D. "description" when used in connection with
				describing lands, means a description given in meets and bounds when
				appropriate, or in aliquot parts in such a way as to delineate each full or
				partial quarter quarter section and each full or partial lot and the acreage of
				each, or a description in some other form approved by the commissioner; a
				description shall include a description of all encumbrances and of all
				easements or other servitudes burdening or benefiting the property except to
				the extent that this requirement is waived by the commissioner;
E. "exchange" means a sale of trust lands
				wherein payment will be accepted by in-kind payment in the form of a conveyance
				of certain non-trust lands in exchange for a conveyance of certain trust lands,
				by monetary payment or by any combination thereof;
F. "exchange agreement" means a formal,
				written agreement entered into between the commissioner and an exchange party
				for an exchange of trust lands for non-trust lands plus any monetary
				payment;
G. "exchange applicant"
				means a governmental entity, or a private entity, that has filed an exchange
				application or who has qualified to bid on an exchange, under this
				rule;
H. "exchange party" means an
				exchange applicant whose exchange proposal has been accepted by the
				commissioner and who has entered into an exchange agreement with the
				commissioner;
I. "exchange
				proposal" means a proposal for an exchange submitted to the commissioner by an
				exchange applicant in conformance with the requirements of this rule and the
				provisions of any published request for exchange proposals;
J. "governmental entity" means the state of
				New Mexico, its agencies or political subdivisions, Indian tribes and pueblos,
				or federal government agencies other than the department of interior;
K. "hazardous materials" means any substance
				or material that is governed or regulated by any statute, regulation, rule,
				order, finding or directive promulgated, issued or enacted by a federal, state
				or local governmental entity and that relates to industrial hygiene or
				environmental protection, including but not limited to the Comprehensive
				Environmental Response, Compensation and Liability Act (CERCLA),
				42
				U.S.C. Sections 9601 -
				9675
				and any successor provisions, and the Resource Conservation and Recovery Act
				(RCRA),
				42 U.S.C. Sections
				6901 -
				6992
				and any successor provisions;
L.
				"improvements" means any of the following:
(1)
				any item of tangible property developed, placed, created or constructed on the
				lands involved including, but not limited to, buildings, equipment and
				fixtures;
(2) water rights
				appurtenant to the lands involved, including without limitation any water
				rights developed or used on the land involved for the benefit of that land;
				and
(3) any tangible or intangible
				property, rights, approvals or privileges obtained or developed for the benefit
				of, or made appurtenant to, the lands involved that are designated as
				improvements by the commissioner;