New Mexico Administrative Code

Commissioner of Public Lands, New Mexico State Land Office, 310 Old Santa Fe Trail, Santa Fe, New Mexico 87501; or, P. O. Box 1148, Santa Fe, New Mexico 87504-1148, Phone: (505) 827-5713.

No lessee or other person shall interfere with lawful recreational access permitted in accordance with this rule. The lessee of the subject state trust lands may, without such interference, make inquiry concerning the status of those using state lands.

Applications for recreational access permits shall be written in ink upon forms prescribed by the commissioner and shall contain information the commissioner deems appropriate, or applications shall be submitted electronically if allowed by the commissioner's web site. Each appli…

Applications for recreational access permits may be obtained: 1) by mailing a written request to the commissioner of public lands, New Mexico state land office, P. O. Box 1148, Santa Fe, New Mexico 87504-1148; 2) by telephone, 505-827-5724; 3) on the web site, nmstatelands.org; o…

Recreational access permittees are solely responsible for correctly identifying and locating the lands they seek to visit pursuant to a recreational access permit. Maps are available at the New Mexico state land office at a nominal fee, or they may be obtained from the web site, …

A recreational access permit does not grant a right to enter upon or cross lands not under the control of the commissioner. Also, a recreational access permit does not grant a right to access lands by motorized vehicle. The use of motorized vehicles or any mechanical form of tran…

Prohibited activities as described in 19.2.19.18 NMAC, on lands open to recreational access are deemed to be in trespass, waste, or both.

Each recreational access permittee shall agree, as a condition of permit issuance, to assume all liability for claims, losses or damages arising out of, alleged to arise out of, or indirectly connected with activities conducted during recreational access by the permittee and any …

The commissioner may cancel any recreational access permit by providing oral notice of cancellation to the permittee or by mailing written notice of cancellation to the permittee.

A. Those activities that are not allowed on lands open to recreational access include, but are not limited to: (1) disturbing, harassing, injuring, destroying or removing wildlife, livestock, or any other animal life; (2) disturbing, dislodging, damaging, destroying or removing n…

This rule governs recreational and educational access to state trust lands open to such access and assures that recreational and educational access are conducted in a manner consistent with the purposes of the trust.

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.

December 13, 2013 unless a later date is cited at the end of a section.

The objective of 19.2.19 NMAC is to provide for the orderly and lawful use of state trust lands open to recreational and educational access.

As used in this rule, the following terms shall have the meaning here indicated: A. "Commissioner" - the commissioner of public lands or any agent or employee of the commissioner who is authorized to act in the commissioner's stead. B. "Recreational access" - access to state trus…

The commissioner, in his/her sole discretion, may at any time withdraw any state trust lands from recreational access if the commissioner determines that such withdrawal is in the best interests of the trust. Any lands so withdrawn shall remain unavailable for recreational access…

Recreational access to state trust lands is prohibited in the absence of a recreational access permit issued pursuant to this rule or other express, written authorization from the commissioner. Access in accordance with an easement issued to the New Mexico state game commission d…

Commissioner of Public Lands - New Mexico State Land Office - 310 Old Santa Fe Trail - P. O. Box 1148 - Santa Fe, New Mexico 87501.

The premises shall not be open to recreational access under Title 19 Chapter 2 Part 19, Relating to Recreational Access to State Trust Lands.

The general process for obtaining a mineral lease is as follows: First, the area where the minerals are located is shown as open to general mining on the tract books of the NMSLO (see 19.2.2.12 NMAC). Second, the commissioner, after determining that development of minerals in the…

Mineral leasing under 19.2.2 NMAC will be considered only in areas shown as open for general mining upon the tract books of the NMSLO. The commissioner may designate areas for mineral leasing based upon the recommendations of the commissioner's staff or upon nomination submitted …

Notwithstanding any other provision of 19.2.2 NMAC, and at any time prior to execution of a mineral lease, the commissioner may, at the commissioner's discretion, withhold from mineral leasing any area subject to the commissioner's jurisdiction.

Prior to holding a competitive bid sale for mineral leasing under 19.2.2 NMAC, the commissioner will provide notice to the public. The notice will set forth the place, date and time of the sale. The notice will describe the area to be covered by the mineral lease and the royalty …

When the commissioner decides to offer a mineral lease for sale, the commissioner will auction the lease by requesting sealed or oral bids in accordance with the notice of sale. Persons shall bid by offering to pay a bonus for the mineral lease. Unless the commissioner declares t…

If the commissioner decides to conduct the public auction by sealed bid, this section shall govern the bidding process. A. Bidders shall submit their bid to the commissioner in a sealed envelope pursuant to the instructions provided in the notice of sale. The sealed envelope shal…

If the commissioner decides to conduct the public auction by oral bid, this section shall govern the bidding process. A. Bidders shall register with NMSLO and obtain an identification number pursuant to the instructions in the notice of sale. B. Bidders shall make their bids oral…

In the event the sale is by sealed bids and two or more bidders submit the highest bonus, then the commissioner may provide written notice of a tie to all bidders for the tract. Such notice may request the bidders to offer an additional bonus in the manner specified in the notifi…

A. Within fifteen days of being notified that it is the highest bidder, the highest bidder shall either submit a new disclosure statement to NMSLO or supplement an active disclosure statement previously submitted to NMSLO under 19.2.2.21 NMAC. B. A person with personal knowledge …

Pursuant to Article XIII, Section 2, of the New Mexico State Constitution, the commissioner has jurisdiction over all lands and related resources that the United States granted and confirmed to the state of New Mexico under the New Mexico Enabling Act. This rule, 19.2.2 NMAC, gov…

The highest bidder shall provide the following information in its disclosure statement: A. identity of the highest bidder's predecessor and parent organizations and affiliates, if any; B. description of the highest bidder's previous mining experience, including a list of mines cu…

Any person may apply to become pre-qualified to be eligible to obtain a mineral lease by submitting a disclosure statement to the commissioner. Unless submitted for the purpose of obtaining the commissioner's approval for assignment of a particular lease, the disclosure statement…

Prior to execution of a lease, the commissioner may determine that the mineral sale is not in the best interest of the trust and declare the sale void. The commissioner may declare a sale void if the commissioner determines that the bids are too low, not in accordance with law or…

A. Unless the commissioner declares the sale void or withholds the lands from mining, the commissioner and the highest bidder shall enter into a mineral lease. The commissioner shall prepare a proposed mineral lease in accordance with this rule, in triplicate, and mail all three …

Notwithstanding the issuance of a mineral lease, no mining activity shall be conducted on trust surface estate except in accordance with a written reclamation plan approved by the commissioner. Reclamation plans consist of the mining permit or other authorizations issued by the p…

A. The lessee shall apply for a permit from the permitting agency in accordance with the New Mexico Mining Act or comparable law, whichever applies. The lessee shall submit copies of its permit application and all supporting documents to the commissioner at the same time that it …

A. After the lessee obtains the permit or other final authorization from the permitting agency in accordance with 19.2.2.25 NMAC, the lessee shall submit a complete and accurate copy of the permit or other authorization to the commissioner. The commissioner will review the permit…

After the permitting agency issues the mining permit or other authorization and commissioner reviews the permit and approves any supplemental requirements, the commissioner will prepare a reclamation plan. The reclamation plan will consist of the permit or other authorization iss…

The lessee shall conduct mining activity in strict compliance with an approved reclamation plan. The reclamation plan in effect at any given time authorizes only such mining activity as is authorized under the permit or other authorization issued by the permitting agency and expr…

The lessee shall obtain an additional reclamation plan before conducting any mining activity that is not authorized under its existing reclamation plan. The lessee shall obtain the additional reclamation plan to cover the new mining activity by following the procedure set out in …

N. M. Const. Art. XIII; Section 19-1-1 et seq. NMSA 1978; Section 19-6-1 et seq. NMSA 1978; Section 19-7-1 et seq. NMSA 1978; Section 19-8-1 et seq. NMSA 1978; Section 19-14-1 et seq. NMSA 1978.

The lessee's obligation to reclaim the trust surface estate in accordance with the reclamation plan in effect at the time the mineral lease is suspended, relinquished or otherwise terminated for any reason shall survive such suspension, relinquishment or termination and continue …

No minerals shall be produced except in substantial compliance with a written mine development plan approved by the commissioner. The mine development plan shall provide for efficient and orderly development of mineral reserves and prevention of waste. The mine development plan s…

The lessee shall submit a proposed mine development plan to the commissioner, who shall review the plan and thereafter notify the lessee, in writing, of any deficiencies. The lessee shall then submit a modified proposal addressing the deficiencies and any other issues raised by t…

If the lessee determines that it is no longer feasible or economically prudent to follow the approved mine development plan, the lessee shall submit a proposed modification of the plan to the commissioner, together with the reasons that modification is required. The lessee shall …

No permanent pit, pile, impoundment or any other permanent manmade feature or improvement shall be placed on trust surface estate unless specifically approved by the commissioner. The commissioner may refuse to approve any such permanent feature or improvement that would prevent …

A mineral lease issued under this rule grants the lessee the right to enter the premises for mining purposes, together with the right to use and occupy so much of the premises as may be necessary or convenient to carry out such mining purposes. A mineral lease does not authorize …