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New Mexico Administrative Code

Part 2

Leasing for General Mining

State of New Mexico

1Issuing Agency 2Scope 3Statutory Authority 4Duration 5Effective Date 6Objective 7Definitions 8Prohibitions 9The Nmslo Is a Land Management Agency 10Recreation Permits 11General Process for Obtaining a Mineral Lease 12Lands Open to General Mining 13Commissioner May Withhold Lands 14Notice of Sale 15Application and Bidding Process 16Sealed Bids 17Oral Bids 18Tie Bids 19Disclosure Statement Required 20Contents of Disclosure Statement 21Pre-qualification 22Commissioner’s Right to Declare Sale Void 23Mineral Lease 24Reclamation Plan Required 25Obtaining Permit from the Permitting Agency 26Supplemental Requirements 27Issuance of Reclamation Plan 28Strict Compliance with Reclamation Plan 29Additional Reclamation Plans 30Survival of Reclamation Plan Requirements 31Mine Development Plan Required 32Obtaining a Mine Development Plan 33Modification of Mine Development Plan 34Restriction on Permanent Pits, Piles and Impoundments 35No Processing or Stockpiling of Off-lease Materials 36Financial Assurance for Royalties 37Financial Assurance for Surface Improvements 38Consolidation of Financial Assurance for Multiple Leases 39Financial Assurance for Reclamation 40Form of Financial Assurance 41Inspections 42Statutory Covenants 43Compliance with Laws 44Primary Term of Mineral Lease 45Secondary Term of Mineral Lease 46Tertiary Term of Mineral Lease 47Quaternary Term of Mineral Lease 48Advance Royalty During Quaternary Term 49Credit for Advance Royalties 50N.M. Code R. § 19.2.2.50 51N.M. Code R. § 19.2.2.51 52Suspension of Mineral Lease 53Lessee’s Obligations During Suspension of Mineral Lease 54Notice of Commencement of Production 55Amount of Royalty 56Payment of Royalty and Accounting 57Lease Assignments Must Be Approved by Commissioner 58Approval of Lease Assignments 59N.M. Code R. § 19.2.2.59 60Assignment Fee 61N.M. Code R. § 19.2.2.61 62Production in Paying Quantities Holds Lease and All Assignments 63Subleasing Prohibited 64Side Agreements 65Transfer of Resident Decedent’s Lease 66Transfer of Non-resident Decedent’s Lease 67Cancellation of Mineral Lease and Opportunity to Cure 68Relinquishment of Mineral Lease 69Reservations 70Waiver of Reservations 71Commissioner’s Statutory Right to Purchase Production 72Road Development 73Trespass and Prevention of Waste 74Water Rights 75N.M. Code R. § 19.2.2.75 76N.M. Code R. § 19.2.2.76 77N.M. Code R. § 19.2.2.77 78Interest on Late Payments 79Removal of Improvements 80Additional Terms and Conditions