Current through Register Vol. 35, No. 24, December 23, 2024
A. Agricultural lessees who have leased state
trust lands for grazing purposes for at least five years may apply for a
twenty-five percent reduction in agricultural lease rentals by demonstrating
through the range stewardship incentive program that they have been good
stewards of their leased state trust land. Only state trust lands leased for
grazing purposes and not subject to a sublease shall be eligible for
participation in the range stewardship incentive program.
B. State trust lands included in the range
stewardship incentive program shall be evaluated and classified by the
commissioner according to the range condition and trend.
(1) The commissioner's evaluation and
classification shall be based on the commissioner's verification of a sworn
range condition and trend analysis and classification recommendation by a
disinterested party with training or experience in rangeland evaluation. Said
party shall certify that said party personally inspected the lands evaluated,
that said party has no interest in or claim against the lands evaluated and
that any fee charged for such evaluation is not related to the classification
recommendation.
(2) Range condition
shall be rated as either excellent, good, fair, or poor depending on the degree
of difference between the range site's state of vegetation and the highest
natural development of the plant community that could sustain itself under the
prevailing climatic and soil conditions for the site.
(3) Range trend shall be rated as either
improving, static, or declining depending on the direction of change in range
condition over time.
C.
Upon request, the commissioner shall provide to interested parties information
explaining the range stewardship incentive program, instructions for applying
to participate in the program, a description of the procedures necessary to
collect the range data required for the commissioner's evaluation and
classification of the leased lands, and a list of names and addresses of those
who have successfully completed a course in rangeland evaluation offered
regularly by New Mexico state university and the state land office and who have
made their names and addresses available to the commissioner for distribution
to the public.
(1) Applications to
participate in the range stewardship incentive program shall be made in the
form prescribed by the commissioner, shall contain such information as the
commissioner may require, and shall include a sworn range condition and trend
analysis and classification recommendation by a disinterested party with
experience or training in rangeland evaluation. The analysis and recommendation
shall cover all state trust lands leased to the applicant for grazing purposes.
No application fee shall apply.
(2)
Only lessees of state grazing land under an existing lease may participate in
the range stewardship incentive program. Only state lessees who participate in
the program, who have leased state trust lands for grazing purposes for at
least the immediately preceding five years, and whose leased lands include
acreage classified by the commissioner as excellent-improving,
excellent-static, good-improving or good-static shall pay the reduced
rental.
D. All state
trust land leased to the applicant for grazing purposes shall be included in
the range stewardship incentive program upon completion of the commissioner's
evaluation and classification of the acreage.
(1) Acreage that is classified by the
commissioner as either excellent-improving, excellent-static, good-improving or
good-static shall qualify for the rental reduction on a per acre
basis.
(2) Acreage that is
classified by the commissioner as either fair or poor condition or declining
trend shall not qualify for the rental reduction but shall be included in the
range stewardship incentive program.
E. In order to continue to participate in the
range stewardship incentive program and to enjoy any applicable rental
reduction, the participating lessee shall provide to the commissioner, no
earlier than November 1st and no later than February 1st in the lease year
immediately preceding the final year in the lease term, a sworn range condition
and trend analysis and classification recommendation on the leased acreage by a
disinterested party with training or experience in rangeland evaluation. The
commissioner's verification of such analysis and recommendation shall provide
the basis for the commissioner's reevaluation and any reclassification of the
leased acreage.
(1) The lessee's failure to
timely submit such range condition and trend analysis and classification
recommendation shall terminate the lessee's participation in the program. Upon
the lessee's reapplication and the commissioner's reevaluation and
reclassification of the leased grazing lands, however, participation in the
program shall again commence.
(2)
Upon the lessee's continued participation in the program and the commissioner's
reevaluation and reclassification of acreage from fair or poor condition or
declining trend to excellent-improving, excellent-static, good-improving or
good-static, the rental reduction shall apply to such reclassified acreage on a
per acre basis.
(3) Upon the
termination of the lessee's participation in the program any rental reduction
shall cease to apply. Upon the commissioner's reevaluation and reclassification
of excellent-improving, excellent-static, good-improving or good-static acreage
to fair or poor condition or declining trend, the rental reduction shall cease
to apply to such reclassified acreage.
(4) Upon the transfer or granting of a lease
containing reduced rental acreage to one who is not qualified to pay the
reduced rental, participation in the range stewardship incentive program may
continue but any rental reduction shall cease to apply.
(5) Program participation shall continue and
rental reduction shall continue or commence in those instances in which a
participating lessee who is qualified to pay the reduced rental obtains a lease
on lands included in the range stewardship incentive program that are
classified as excellent-improving, excellent-static, good-improving or
good-static, including those instances in which the lease is obtained by the
lessee's exercise of the preference right or by the lessee's competitive
bid.
