N.M. Admin. Code § 19.2.8.20

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.8.20 - RANGE STEWARDSHIP INCENTIVE PROGRAM

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.

N.M. Admin. Code § 19.2.8.20

12/1/92, 6/29/96; 19.2.8.20 NMAC - Rn, 19 NMAC 3 SLO 8.20, 09/30/02, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019