New Mexico Administrative Code

In order to be qualified as a bidder at a public sale of state-owned timber, a person must have complied with and met all conditions and requirements prescribed in the notice of sale, which shall include filing an application to purchase and payment of the application fee in acco…

State-owned timber is sold at public auction to the highest and best bidder. There is no preference right of any kind accorded to any person or persons in awarding state timber contracts.

The highest and successful bidder shall sign the regular New Mexico state land office timber agreement form, as may be amended or changed in the best interest of the trust. Before the commissioner executes the contract, the successful bidder shall post a corporate surety bond (in…

Timber contracts may be issued for a period of five (5) years or less unless the same be canceled for cause, unless sooner cut out or unless conditions beyond the control of the purchaser prevent completion within the specified time. Upon proper application and due proof of inabi…

No timber will be marked for cutting under the provisions of the contract unless payment therefor shall have been made and credited in the New Mexico state land office, and in no case will cutting be permitted in advance of marking by the New Mexico state land office representati…

Where sales of timber are made, the cutting and logging practices will be supervised by a representative of the New Mexico state land office as indicated in 19.2.13.10 NMAC above, and the timber sale contract will in all cases be the standard form of contract adopted by the commi…

Unless otherwise provided by the timber sale agreement, the yearly cut will be one-fifth (1/5th) of the total estimated merchantable timber board measure specified in the timber sale agreement.

Unless otherwise provided by the timber sale agreement, the minimum merchantable timber to be marked at any one (1) time will be one-fourth (1/4th) of the annual required cut.

This Rule pertains to all timber and timber products, except dead and down timber, 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 harvest and sales of timber and timb…

State timber is sold based upon state trust lands described by the United States system of public land surveys by section, subdivision, township and range. Should uncertainties as to exact boundaries of state timber contracts be encountered, then an actual survey may be ordered b…

The timber sale contract shall contain sufficient, proper and adequate provisions therein requiring the contract holder to dispose of the brush resulting from the sale. The term "brush" as used herein shall mean to include all tops, slash and debris resulting from logging operati…

The timber contract shall also contain a provision that all operations on the sale area, including the removal of scaled timber, may be suspended by written notice from the commissioner, or the commissioner's duly authorized representative in charge, if the conditions and require…

Subject to the approval of the commissioner, state timber sales contracts may be assigned, provided that the assignee, in the opinion of the commissioner, is able and qualified to fulfill such contract, and provided further that the assignee shall provide a corporate surety bond …

Upon application by the holder of a state timber sale contract for modification of the holder's agreement and good cause being shown, the commissioner may consent to certain changes, in the commissioner's discretion, provided that the applicant for modification shall have first o…

Under the general powers of the commissioner and the appropriate provisions in timber contracts, the commissioner will require holders of timber sales contracts to respect forest service fences and the fences of individuals in the timber sale area, and unless state timber operato…

The commissioner may cancel any lease, contract or other instrument executed by the commissioner, which shall have been obtained by fraud or executed through mistake or without authority of law. In such case, the commissioner shall serve upon the party in interest a 30 day regist…

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.

Permanent.

January 20, 1984, unless a later date is cited at the end of a section.

The objective of 19.2.13 NMAC is to provide for the orderly and lawful administration, and the appropriate harvest and sale of timber and timber resources on trust lands.

"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 sc…

The general policy of the New Mexico state land office is to manage the timber resources of the state on a basis of sustained yield and according to standards that will protect the timber and timber products and the watersheds of the state. Timber contracts in all cases must refl…

Sales of state timber and timber products may be made only at public auction at the county seat of the county wherein the same are situated, and after advertisement of sale by publication for 10 weeks in a newspaper regularly published in the city of Santa Fe, and concurrently in…

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

A. Upon receipt of a proper application to purchase, and upon a preliminary determination that the sale might be advantageous to the trust, the commissioner will cause an appraisal of the land and the authorized improvements to be made. Thereafter, if the commissioner determines …

Notice of sale shall be published once each week for ten (10) consecutive weeks in a newspaper of general circulation published locally at the state capital, and a newspaper of like circulation which shall be locally published nearest the lands so offered for sale. Said notice sh…

In order to qualify as a bidder, the prospective bidder shall deposit with the commissioner: A. A deposit to cover the cost of sale, as set forth in the notice of sale. B. Ten percent of the appraised value of the lands. C. The appraised value of the improvements, a waiver of pay…

No preference right to purchase shall be given to any bidder upon the advertised land. If sold at all, the land shall be sold to the highest and best bidder at public auction. Said auction may be conducted by oral auction or by the acceptance of sealed bids, which shall be opened…

A. On the date of sale the successful bidder, if any, shall be required to pay the full amount bid, unless the commissioner has given notice that the commissioner will accept payment by purchase contract. If a purchase contract is permitted, the successful bidder shall be require…

A. Any purchaser of state trust lands under purchase contract, which contract is in good standing, may assign a part or all of the purchaser's right, title and interest under any such contract, provided that a certified copy of such assignment shall be filed with the commissioner…

A. With the consent of the commissioner the owner of a purchase contract may mortgage the owner's interest in the contract together with the improvements upon the land by means of assigning the owner's interest as collateral security to insure the payment of an indebtedness speci…

A. In the event the purchaser shall fail to comply with the terms and conditions of contract of purchase the commissioner may, at the commissioner's option, declare a forfeiture of such contract after 30 days' notice given as provided under Section 19-7-50 NMSA 1978, unless the p…

The rules applicable to the sale of other lands are generally applicable to the sale of county bond lands.

A. Water Pertinent to Irrigated Land. Water used on state trust land and the right to use same upon said land shall never be severed or transferred from the land without the written consent of the commissioner. Because title to lands under purchase contract remains in the state o…

This Rule pertains to the sale of lands, resources or other assets held in trust by the commissioner of public lands under the terms of the Enabling Act and subsequent legislation (trust lands). There are certain exceptions to this Rule as follows: applications to purchase receiv…

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.

Permanent.

September 5, 1985, unless a later date is cited at the end of a section.

The objective of 19.2.14 NMAC is to provide for the orderly and lawful sale of state trust lands, assets and resources.

"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 sc…

All lands, including lands acquired by escheat, shown upon the New Mexico state land office tract books to be open for sale, may be sold at public auction, at the discretion of the commissioner. All minerals of whatsoever kind, including but not limited to oil and gas, coal, sand…

Applications to purchase state trust lands shall be: A. Made under oath, in ink, or typewritten upon forms prescribed and furnished by the commissioner. B. Accompanied by the application fee as set forth in the schedule of fees and a deposit against the expense of advertising and…

Commissioner of Public Lands, New Mexico State Land Office.

A. By written petition. Subject to the hearing officer's ability to allow amendment of the petition for failure to comply with the requirements of form set out below when it appears to the hearing officer that the petition sets out a good faith claim, a contest shall be initiated…

A. Following receipt of the acceptable contest petition, the commissioner shall, by order, appoint a hearing officer to preside over the administrative hearing. As soon as practicable, the hearing officer shall issue a scheduling order. In the commissioner's discretion, the commi…

A. Pursuant to the scheduling order, the parties to the contest and the commissioner shall provide one another and the hearing officer with a written summary of their arguments and authorities, as well as complete lists of all witnesses (including a summary of their testimony) an…