New Mexico Administrative Code

This Rule pertains to all sodium chloride or common salt 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 the lessees of such trust lands entered into subsequent to the…

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 19.2.4 NMAC is to provide for the orderly and lawful administration, and the appropriate development of sodium chloride or common salt 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…

Application 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. The application shall be acknowledged, shall be accompanied by the fee as set forth in the schedule of fees (nonrefundable), and sha…

Commissioner of Public Lands, New Mexico State Land Office, 310 Old Santa Fe Trail, Santa Fe, New Mexico 87501

A. Application for community caliche pit permit. (1) Application for community caliche pit permits may be obtained either by directly contacting the oil, gas and minerals division of the state land office in Santa Fe or by filing an application with the Hobbs field office for sit…

The commissioner shall make no charge for caliche necessarily moved within the roadbed or within the perimeter of a specific well pad while in the process of developing oil and natural gas under a state oil and gas lease, subject to the following conditions: A. Only caliche deriv…

A. Performance reports, reclamation and inspection for leases, community caliche pit and other mineral permits. (1) Upon termination of a lease or permit, the lessee or permittee shall submit a final report, on the forms prescribed by the commissioner, which shall specify the amo…

Current and future lessees of state trust lands.

NMSA sections 1978 19-1-23 and 19-8-12.

Permanent.

May 14, 1999, unless a later date is cited at the end of a section.

To provide the general terms and conditions for the mining of caliche, gypsum, clay, sand, gravel, stone, shale, perlite, volcanic deposits and borrow dirt on trust lands. Mining for caliche may be by short-term permit or long-term lease.

"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…

A. Leases may be issued for the extraction of caliche, gypsum, clay, sand, gravel, stone, shale, perlite, volcanic deposits, and borrow dirt only for those lands shown to be open for leasing of that mineral by the tract books of the state land office. B. The commissioner may issu…

A. Application to lease. (1) Applications for lease shall be submitted in duplicate upon forms prescribed by the commissioner and shall contain the following: (a) a nonrefundable application fee in the amount set forth in the schedule of fees; (b) a legal description of the locat…

Commissioner of Public Lands, New Mexico State Land Office, 310 Old Santa Fe Trail, P. 0. Box 1148, Santa Fe, New Mexico 87501, Phone: (505) 827-5713

On or before twenty (20) days prior to the date of any coal lease sale, notice of the sale shall be posted in a conspicuous place in the New Mexico state land office in Santa Fe specifying the place, date, and hour of sale and containing a description of the lands to be offered f…

Up to the hour set for such sale, the commissioner will receive sealed bids for a coal lease upon any tract of land described in the posted notice. All sealed bids submitted will be opened at the hour mentioned in the notice and, if the tract is designated in the notice of sale a…

When two or more sealed highest and best bids received for the same tract of land are equal and if such highest and best bidders are present and cannot agree, by stipulation in writing, on how the tract shall be awarded, the commissioner or the commissioner's designee shall call …

As a matter of administration and without affecting property rights in coal leases, whenever more than two (2) persons or legal entities apply for the issuance of a coal lease, the commissioner shall grant the lease in the names of no more than two (2) persons acting as attorneys…

State coal leases shall be issued for the following terms: A. A primary of five (5) years; B. If, at the end of the primary term, the lessee has submitted a mine plan, which is not subsequently disapproved by the commissioner within three (3) months after submission, and the less…

State coal leases shall provide for a royalty of twelve and one-half percent (12 1/2%) of the proceeds received from the sale of all surface-mined coal or, at the option of the commissioner, the market value of the surface-mined coal, and eight percent (8%) of the proceeds receiv…

In lieu of the actual production requirement, expiration of a lease may be prevented by the timely payment of an advance royalty equal to the estimated royalty obligation which would be due if one percent (1%) of the recoverable reserves of the leased land were produced. Payment …

Before the issuance of a state coal lease, the lessee shall execute and file with the commissioner a good and sufficient exploration bond or other appropriate surety in an amount equal to fifteen dollars ($15.00) for each acre of the leased premises to ensure compensation for dam…

A. Before commencing excavation operations or development upon leased lands, a lessee shall execute and file with the commissioner a good and sufficient bond or other appropriate surety in an amount to be fixed by the commissioner and based upon the approved mine plan to: (1) gua…

Any lease in good standing may, with the written approval of the commissioner, upon such terms and conditions as the commissioner may require, and payment of the fee as set forth in the schedule of fees, be assigned or sublet to third persons; provided, however, no assignment of …

This Rule pertains to all coal resources 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 lessees of such trust lands entered into subsequent to the date of this Rule.

In cases where corporations consolidate, transfer of coal interest to the newly created corporation shall be accomplished pursuant to 19.2.6.19 NMAC.

In cases where two (2) or more corporations merge, transfer of coal interests to the surviving corporation shall be accomplished by filing with the commissioner a copy of the merger agreement or certificate of merger. Thereafter, the coal lease shall be transferred on the books o…

Where the assets of any corporation are taken over under court order by a corporation, the procedure will follow the provisions of the court order, which should direct separate assignments to be executed and filed for approval in the New Mexico state land office.

The owner of any coal lease issued prior to July 1, 1989, and maintained in good standing according to the terms and conditions thereof and all applicable statutes and regulations may, upon the expiration thereof, obtain a new lease for the leased lands, without having to submit …

The provisions of 19.2.6 NMAC shall apply to all coal leases issued by the commissioner on or after July 1, 1989.

Coal leases shall be of the following form and shall contain the following provisions: (SAMPLE ONLY) NEW MEXICO STATE LAND OFFICE COAL MINING LEASE APPLICATION NO. ________________________ LEASE NO. ___________________________ THIS AGREEMENT, dated this ___________ day of _______…

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.

August 23, 1989, unless a later date is cited at the end of a section.

The objective of 19.2.6 NMAC is to provide for the orderly and lawful administration, and the appropriate development of coal resources on trust lands by implementing House Bill 433 of the First Session of the Thirty-Ninth Legislature (Laws 1989, Chapter 200) and to specify, by r…

As used in 19.2.6 NMAC and state coal leases: A. Logical mining unit - means an area under the effective control of a single operator, which is capable of being developed and operated in an efficient, economical and orderly manner as a single operation; B. Market value - means th…

Coal mining leases may be issued upon acreage shown to be open upon the New Mexico state land office tract books. Leases shall be issued only to the highest bidder either by sealed bid or at public auction; provided, however, the commissioner may in the commissioner's discretion …

Applications for coal leases shall be made in ink or typewritten, in duplicate, upon forms to be prescribed by the commissioner. The application shall be acknowledged and shall be accompanied by a minimum initial charge of five hundred dollars ($500.00) or the first (1st) year re…