New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION
Part 22 - PLANNING AND DEVELOPMENT LEASES
Section 19.2.22.8 - LEASING STANDARDS

Universal Citation: 19 NM Admin Code 19.2.22.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. The surface estate of any parcel or combination of parcels of trust land may be leased under a planning and development lease at the discretion of the commissioner.

B. A planning and development lease may be initiated only through public notice and a public auction in accordance with this rule and other applicable law, including but not limited to NMSA 1978 Section 19-7-9(c) (2009).

C. In making a determination as to whether to enter a planning and development lease, the commissioner will make a determination as to whether the lease is in the best interest of the trust based on specific considerations including but not limited to:

(1) the present value and estimated future value that will be created for the trust;

(2) the anticipated impact on trust lands adjacent to or near the proposed planning and development lease;

(3) the proposed planning and development lease's conformance with any joint planning agreements or existing land use plans;

(4) the interests of the local community;

(5) the feasibility of the proposed development project; and

(6) the ability of a lessee to execute the proposed development project.

D. Notwithstanding any other provision of 19.2.22 NMAC, and at any time before the execution of a planning and development lease, the commissioner may, at the commissioner's discretion, reject any application or bid submitted under 19.2.22 NMAC.

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