Section 19-14-2 - Waiver of requirements for reservation of rights in leases or conveyance for specific minerals; procedures for waiver. - New Mexico Statutes

19-14-2. Waiver of requirements for  reservation of rights in leases or conveyance for specific minerals; procedures for waiver.

A.     The commissioner of  public lands may waive by written order the reservation of rights required under Section 1 [19-14-1 NMSA 1978] of this  act in respect to any specific mineral, other than fossil fuels, for which there is no significant consumptive use within the state, but such order may be made only:   

(1)     after written notice is mailed by certified mail at least twenty days before  the hearing required by Paragraph (3) of this subsection to the governor;   

(2)     after notice of the hearing required by  Paragraph (3) of this subsection is posted in the same manner as notice of public sale of mineral leases is required to be posted under Section 19-8-33 NMSA 1978;   

(3)     after a public hearing on the issue of waiver under this subsection has been  held by the commissioner of public lands or his designated representative in accordance with procedures adopted by the commissioner of public lands; and   

(4)     if the commissioner of public lands finds after considering the evidence produced at the hearing that a waiver of the provision would be in the best interests of the trust beneficiaries considering long-range and short-range benefits.   

B.     A waiver granted under Subsection A of this section shall be limited to a definite period of time not to exceed five years. Waivers may be renewed by the commissioner but only after following the procedure required under Subsection A of this section.