TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 2 STATE TRUST LANDS
PART 17 GEOPHYSICAL EXPLORATION
ON UNLEASED STATE TRUST LANDS
19.2.17.1 ISSUING AGENCY: Commissioner of Public Lands - New Mexico State
Land Office 310 Old Santa Fe Trail - P.O. Box 1148 - Santa Fe, New Mexico
87501.
[19.2.17.1
NMAC - N, 9/14/2000]
19.2.17.2 SCOPE: Future geophysical exploration permits of
state trust lands, excluding exploration for minerals which may be leased under
19.2.17 NMAC. This part does not apply to geophysical exploration related to
oil and gas operations on trust lands that are currently under an oil and gas
lease in good standing; any geophysical exploration on those lands shall be
conducted under the terms of the existing oil and gas lease.
[19.2.17.2
NMAC - N, 9/14/2000]
19.2.17.3 STATUTORY AUTHORITY: N.M. Const. Art. XIII; NMSA 1978 Section
19-10-1.
[19.2.17.3
NMAC - N, 9/14/2000]
19.2.17.4 DURATION: Permanent.
[19.2.17.4
NMAC - N, 9/14/2000]
19.2.17.5 EFFECTIVE DATE: September 14, 2000, unless a later date is
cited at the end of a section.
[19.2.17.5
NMAC - N, 9/14/2000; A, 6/30/2016]
19.2.17.6 OBJECTIVE: The objective of this part is to provide the
general terms and conditions for the geophysical exploration of state trust
lands.
[19.2.17.6
NMAC - N, 9/14/2000]
19.2.17.7 DEFINITIONS:
A. “Commissioner”
means the New Mexico commissioner of public lands, and the commissioner’s
appointees under Section 19-1-7 NMSA 1978 acting within the scope of their
authority. Except for the decision to
cancel or otherwise terminate a lease, the commissioner may delegate to state
land office staff the performance of functions required of the commissioner
under this part.
B. “Geophysical
exploration” means the quantitative physical study of the earth by
reflection and refraction seismic (including dynamite sources), gravity,
magnetic, electrical, electromagnetic or radiation methods.
C. “Geophysical
exploration permit” or “permit”
means a permit approved by the commissioner for geophysical exploration of
trust lands.
D. “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 schedule of fees or in this rule, the fee
shall be non-refundable.
E. “State land office”
means the New Mexico state land office.
F. “Trust” means
the trust created by congress under the New Mexico Enabling Act of June 20,
1910, and accepted by the state of New Mexico under Articles XIII and XIV of
the New Mexico constitution.
G. “Trust lands”
means those lands, their natural products and all assets derived from them, which
are under the care, custody and control of the commissioner.
[19.2.17.7
NMAC - N, 9/14/2000; A, 6/30/2016; A, 6/11/2019]
19.2.17.8 PROHIBITION: Notwithstanding the issuance of a geophysical
exploration permit, no person shall conduct any geophysical activity or
associated surveys on trust lands unless the activity is conducted in
conformity with all applicable local, state, and federal laws and regulations,
and all necessary permits have been obtained.
[19.2.17.8
NMAC - N, 9/14/2000]
19.2.17.9 LANDS SUBJECT TO A GEOPHYSICAL
EXPLORATION PERMIT: Geophysical exploration permits are required
on all trust lands on which there is no valid existing oil and gas lease,
specifically:
A. On all trust lands
in which both the surface and mineral estate are held in trust, even if other
surface leases are in existence.
B. On all trust
lands in which only the mineral estate is held in trust. Such permit will allow the permittee to
conduct geophysical investigations throughout the mineral estate; however, any
access to the surface estate will be coordinated between the permittee and the
surface owner.
C. On all trust
lands in which only the surface estate is held in trust, even if other surface
leases are in existence. Such permit
will allow the permittee physical access to the surface for the purpose of
conducting geophysical investigations; however, any access to the mineral
estate shall be coordinated between the permittee and the mineral estate owner.
[19.2.17.9
NMAC - N, 9/14/2000]
19.2.17.10 APPLICATION FOR A PERMIT:
A. Applicants for a
geophysical exploration permit must contact the oil, gas and minerals division
of the state land office in Santa Fe to verify that the trust lands of interest
are available to permit. Interested
applicants shall then submit a complete application for permit on forms
prescribed and furnished by the commissioner, and shall include, without
limitation, the following:
(1) A
check made payable to the commissioner for the appropriate fees in accordance
with the schedule of fees adopted by the commissioner. Fees will be assessed for each individual or
portion of a geophysical exploration line considered as a single entry, and
will reflect rates according to trust surface and mineral ownership and
locations within restricted districts or unrestricted areas as determined by
the commissioner;
(2) A
topographic map of suitable scale, identified by county, township, range and
section, showing the approximate location of all survey lines which are
proposed to cross the applicable trust lands. The map shall be verified as to correctness by
the applicant or the applicant’s duly authorized representative; and,
(3) A
proposed survey operations plan which shall include, without limitation, a
description of the methods to be used in conducting the survey, a description
of equipment to be used, a description of ingress and egress locations and a
spill prevention and control plan.
B. When the
proposed survey method will include the use of explosives, the application for
a geophysical exploration permit shall also include the following:
(1) A
topographic map showing shot hole patterns, depth of shot hole, size of charge
and location in relation to buildings, wells, roads, pipelines, power lines,
drainages and any other cultural feature; and
(2) Contingency
plans for control and mitigation of blowouts and unexploded shot holes.
[19.2.17.10
NMAC - N, 9/14/2000; A, 6/11/2019]
19.2.17.11 PERMIT
ISSUANCE:
A. If the
commissioner approves an application and determines that a permit will be in
the best interest of the trust, a geophysical exploration permit will be
issued. The application documents will
be incorporated into the permit by reference and the provisions of the approved
application documents will be enforceable in the same manner as any other
condition of the permit. Any changes to
operations approved under a permit must be approved in advance in writing by
the commissioner.
B. Following
approval of an application, the commissioner shall prepare a geophysical
exploration permit in accordance with this part, in duplicate, and mail the two
originals to the applicant. If the
applicant agrees to all terms and conditions of the proposed permit, the
applicant shall sign the originals before a notary public and return both
originals to the commissioner. The
commissioner shall thereafter approve and execute the geophysical exploration
permit and return one fully executed original to the permittee.
[19.2.17.11
NMAC - N, 9/14/2000]
19.2.17.12 PERMIT
TERMS AND CONDITIONS:
A. The permit shall
be valid for 90 days from the date of its approval by the commissioner; provided, that an extension may be approved by the
commissioner upon a showing by the permittee that reasonable work delays occurred
because of conditions beyond the permittee’s control.
B. No later than
150 calendar days after the expiration date of a permit, the permittee shall
furnish to the commissioner, a map of suitable scale, identified by county,
township, range and section, showing the location and depth of shot holes or
station points on the permitted land.
This map shall include the locations of source (vibrator) lines and
receiver lines. The map shall be of a
quality sufficient to enable visual inspection of the permitted lands after the
project is completed. The map shall be
verified as to correctness by the permittee or the permittee’s duly authorized
representative.
C. Source lines and
receiver lines shall be no greater than 100 feet in width.
D. Motorized vehicles
are not allowed off established ranch roads or off the permitted and surveyed
source and receiver lines. The
commissioner will allow limited and reasonable drive-arounds when justified and
located on submitted updated maps. Areas
between the permitted survey lines are not permitted and entry thereon will be
considered trespass, which may result in cancellation of a permit.
E. The permittee
shall at all times keep the permit area free and clear of trash and debris
resulting from the permitee’s occupation of the
lands. Hazardous or toxic wastes or
petroleum products may not be disposed of on the permit premises, and all such
materials used in the operations must be removed from the permitted land prior
to expiration of the permit. Due care
shall be used to prevent leaks and spills of such materials; the clean-up of
any spills and reclamation of the area shall be performed in consultation with
the commissioner.
F. Unless
authorized by the commissioner in writing, a permit does not authorize the use
of trust lands for operation staging areas or for vehicle maintenance yards.
G. No access is
granted to trust lands for any purpose without valid permits or
agreements. Copies of permits and
agreements must be in the possession of any representatives or subcontractors
of geophysical permittees at all times when on trust lands. State land office representatives may order
an immediate shut-down of operations until proof of a valid permit or agreement
is on site.
H. Permits may
contain specific requirements for reclamation, such as bank stabilization for
watercourses and road repair.
I. The permittee
shall comply with all applicable laws, regulations, rules, ordinances and
requirements of city, county, state and federal authorities and agencies, in all
matters and things affecting the permit area and operations, including but not
limited to conservation, sanitation, aesthetics, pollution, cultural
properties, fire and ecology.
[19.2.17.12
NMAC - N, 9/14/2000; A, 6/11/2019]
19.2.17.13 RECLAMATION AND RESTORATION: Any person who enters upon trust lands for
purposes of geophysical exploration shall take all steps necessary to preserve
and protect the natural environmental conditions of such lands. The permittee shall remove all stakes,
markers, cables, ropes, wires or debris from disturbed areas, and shall restore
and reclaim all areas disturbed by the permittee’s operations at the conclusion
of the operations, in accordance with the approved permit and standards
established by the commissioner.
[9.2.17.13
NMAC - N, 9/14/2000; A, 6/11/2019]
19.2.17.14 FINANCIAL ASSURANCE:
A. Improvements;
Waivers. Before commencement of
geophysical exploration activity, the permittee shall execute and provide
financial assurance to secure payment for potential injuries to tangible
improvements upon the permitted area that may result from a permittee’s
activity. The commissioner shall fix the
amount of such financial assurance in an amount not less than five thousand
dollars ($5,000.00) for each section or portion of a section of trust lands
covered by the permit. The financial
assurance instrument shall be in favor of the state, but held for the benefit
of the state’s contract purchasers, patentees, and surface lessees with pre-existing
rights within the permitted area.
Provided that, in lieu of said financial assurance, the commissioner may
accept a waiver of financial assurance, duly executed or acknowledged by the
owners of all improvements in the permitted land.
B. Blanket
Bonds. The permittee may, with the approval
of the commissioner, provide one instrument (“megabond”)
to cover financial assurance requirements under multiple permits or other
instruments that authorize the permittee to enter trust lands. The commissioner shall fix the amount of the megabond, which shall be no less than twenty-five thousand
dollars ($25,000.00).
C. Reclamation
Bonds. Notwithstanding the provision of
financial assurance under this part, the commissioner may require a permittee
to provide for additional financial assurance to guarantee performance of
reclamation requirements promulgated under state land office rules.
D. Form of
Financial Assurance Instruments. Forms
for all financial assurance instruments shall either be
prescribed and furnished by the commissioner, or be in a form approved
by the commissioner. Self-insurance, in
any form, shall not be allowed.
[19.2.17.14
NMAC - N, 9/14/2000]
19.2.17.15 SURFACE LESSEES:
A. Fees paid to the
commissioner pursuant to this part for permits to conduct geophysical
exploration on lands in which the surface is held in trust are consideration
for access to use the surface for reasonable geophysical activity. State land office surface lessees are not
entitled to compensation from permittees for access across trust land.
B. Permittees must
settle with and compensate state land office surface lessees for actual damage
to or loss of livestock, authorized improvements, range, crops, and other valid
existing rights recognized by law.
[19.2.17.15
NMAC - N, 9/14/2000]
HISTORY of
19.2.17 NMAC:
Pre-NMAC
History: Material in this part was derived from that
previously filed with the State Records Center and Archives:
SLO
Rule 17, Relating to Seismic Exploration on Unleased State Lands, filed
8/3/1988
History of
Repealed Material:
SLO Rule 17, Relating to Seismic Exploration on
Unleased State Lands, 9/14/2000.