New Mexico Administrative Code

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 st…

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.

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…

Permanent.

October 31, 2017, unless a later date is cited at the end of a section.

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, whi…

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 f…

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…

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 (…

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

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 val…

Consistent with the Cultural Properties Act, Section 18-6-11.1 NMSA 1978 and Section 19-1-2.1 NMSA 1978, any information in the custody of the state land office concerning the location of cultural properties, the preservation of which is in the interest of the state of New Mexico…

This part pertains to the identification and protection of cultural properties on state trust lands.

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 …

Permanent.

December 1, 2022 unless a later date is cited at the end of a section.

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 d…

As used in 19.2.24 NMAC, the following terms have the meaning set forth in this section unless otherwise indicated in the text of this rule: A. "Archaeological survey" or "Survey" means a visual inspection of land to examine, identify, record, evaluate, and interpret cultural pro…

A. Avoidance of damage. Any persons engaged in activities on state trust lands are subject to the requirements of the Cultural Properties Act, the Cultural Properties Protection Act, and 19.2.24.13 NMAC. Persons shall not disturb, dislodge, damage, destroy, or remove any cultural…

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 th…

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

Leases will be made upon forms prescribed and furnished by the commissioner and ordinarily will be for a term of 10 years and so long thereafter as said minerals or any of them are produced in paying quantities from the lands. The commissioner reserves the right to issue leases f…

The rental charge for such leases will be negotiated but shall in no event be less than ten cents ($.10) per acre, or fraction thereof, payable annually in advance, but the minimum first (1st) year's rental will be one hundred dollars ($100.00) in any event as provided by Section…

A. Royalties will be established by the commissioner on a negotiated basis and such royalty shall be computed on the gross value of the product after processing, without deductions of any kind, regardless of the place of sale. The minimum royalty rates for potassium chlorides and…

A. Leases will require the lessee, within twelve (12) months from date of lease, unless extension be granted, to begin actual drilling upon the leased lands with machinery and equipment suitable for taking and preserving a core and to prosecute such drilling with reasonable dilig…

If minerals in commercial quantities shall be discovered on the leased lands, the lessee shall be required to develop and produce the same in commercial quantities with reasonable diligence; provided, however, the commissioner may, after hearing, authorize the suspension of produ…

The following requirements, applicable only to the area hereinafter named, shall be in addition to, and not in exclusion of, any other rule. A. Mining of minerals held in solution in the natural brines shall be permitted within the area west of the Pecos river south of the south …

Monthly reports of operations, production and sale of minerals or materials will be required of lessee to be filed with the commissioner on or before the 20th day of the month following the end of the calendar month of production upon forms prescribed and furnished by the commiss…

A. A corporate surety lease performance and surface users improvement damage bond or other surety shall be filed with the commissioner before a lease shall be issued. Such bond shall be in the amount of not less than five hundred dollars ($500.00) for each section or fraction the…

No assignment of a lease or any portion thereof will be made except with the approval of the commissioner upon such terms and conditions as the commisioner may require. All assignments shall be upon forms prescribed and furnished by the commissioner, which shall recite, among oth…

Leases may be canceled for breach or violation of any of the terms or conditions of the lease or of these rules and regulations; provided, however, that before any such cancellation shall be made, the commissioner shall mail to the lessee, by registered mail addressed to the post…

This Rule pertains to all potassium, sulphur, sodium, phosphorus, and similar minerals, and their salts and compounds except sodium chloride on those lands held in trust by the commissioner of public lands under the terms of the Enabling Act and subsequent legislation (trust land…

The commissioner reserves a continuing option to purchase at any time, and from time to time, at the market price prevailing in the area on the date of purchase, all or part of the minerals that may be produced from the lands embraced in all leases issued on or after June 11, 197…

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.

March 1, 1984, unless a later date is cited at the end of a section.

The objective of 19.2.3 NMAC is to provide for the orderly and lawful administration, and the appropriate development of those minerals covered by this Rule 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…

Applications to lease will be considered only for such lands as may be shown to be open for leasing upon the tract books of the New Mexico state land office and, although priority in time of filing ordinarily will determine the preference right to lease, the commissioner reserves…

Each application for lease shall be made with ink or with typewriter, in duplicate, upon forms to be prescribed and furnished by the commissioner, which application shall be acknowledged, shall be accompanied by an application fee as set forth in the schedule of fees, and shall b…

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

Leases will be made upon forms prescribed and furnished by the commissioner and ordinarily will be for a term of 10 years and as long thereafter as salt in paying quantities shall be produced from the leased land. The commissioner reserves the right to issue leases for a primary …

Royalties shall be determined through negotiation, but shall not be less than ten (10) percent of the actual sale price of the salt at the place of extraction. The royalty shall be paid quarterly and the commissioner may prescribe advance royalty to be paid annually on or before …

In lieu of advance royalty as provided in 19.2.4.11 NMAC, the lease may provide for payment of an annual payment at a negotiated rate, but not less than twenty-five dollars ($25.00) for each legal subdivision of forty (40) acres, more or less.

Quarterly reports of operation, production and sale of salt shall be filed by the lessee on or before the 20th day of the month following the last day of the reporting quarter. Such reports shall be upon forms prescribed and furnished by the commissioner. The records, books of ac…

A. A corporate surety, performance and improvement damage bond in such sum as the commissioner in each case may prescribe (minimum of five hundred dollars $500.00 for a single lease bond and one thousand dollars $1,000.00 for a multiple lease or blanket bond) executed by the less…