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 19.2.21.9 - EXCHANGE PROPOSALS AND PROCEDURES
Universal Citation: 19 NM Admin Code 19.2.21.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. A proposed exchange may be initiated either by an applicant or by the commissioner.
B. Exchange procedure initiated by applicant:
(1) A party interested in exchanging
non-trust land may initiate an exchange procedure by filing with the
commissioner an initial application to exchange land on a form prescribed by
the commissioner, accompanied by a non-refundable application fee as set forth
in the schedule of fees. The initial application shall include the identity and
address of the applicant; a legal description of the non-trust lands proposed
to be exchanged; the estimated market value of the non-trust lands; the current
uses of the non-trust lands; ownership of the non-trust lands; a description of
any known environmental or cultural properties issues related to the non-trust
lands; a legal description of the trust lands that the applicant seeks to
acquire; an estimate of the value of such trust lands; a deposit in an amount
determined by the commissioner as sufficient to pay the costs of appraisal of
the trust lands and non-trust lands (unless the commissioner has agreed to
accept an appraisal or appraisals previously performed or to be performed at
the applicant's expense); and such other information as the commissioner may
request in writing. The commissioner shall advise the relevant beneficiary
institution(s) through written correspondence that an exchange application was
received.
(2) Following submission
of an initial application, the commissioner will make a determination as to
whether further investigation of the suggested exchange is warranted and shall
so inform the exchange applicant. If the commissioner determines that the
suggested exchange does not offer sufficient potential benefit to the trust,
the application will be rejected and the exchange process will
terminate.
C. Exchange procedure initiated by the commissioner. The commissioner may make the commissioner's own preliminary determination that an exchange of certain trust lands would result in a financial benefit to the trust. In that case, the commissioner may initiate an exchange process by publishing a request for exchange proposals in accordance with 19.2.21.10 NMAC below.
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