Section 19-7-29 - Grazing leases; rental rates; annual rental; appraisal of land. - New Mexico Statutes

19-7-29. [Grazing leases; rental rates; annual rental; appraisal of land.]

The commissioner of public lands of the state of New Mexico shall determine the annual rental to be charged for grazing lands belonging to the state, and such rentals shall be based upon the classification and valuation herein provided for and upon the appraisal required by the act of congress granting the lands to the state. The commissioner shall, as soon as practicable, classify and determine the value of all grazing lands belonging to the state, and in such determination, shall take into consideration the carrying capacity of such lands; that is, the number of livestock such lands will reasonably carry per annum without injury to such lands. In determining such carrying capacity, the commissioner may take into consideration the determination by the grazing service of the bureau of land management, by the soil conservation service, by the forest service or by any other federal agency, of the carrying capacity of similar lands, and may also take into consideration the carrying capacity of similar patented lands as determined by the New Mexico state tax commission [property tax division of the taxation and revenue department] or other taxing authorities. In determining such capacity, five sheep shall be considered the equivalent of one cow, and the commissioner may determine such carrying capacity by counties or some natural division instead of by individual sections or leases. All appraisals of state grazing land hereafter made shall set out the opinion of the appraiser as to the average carrying capacity of the land appraised. The commissioner shall at all times take into consideration economic conditions in arriving at the value of grazing lands for leasing purposes, and shall have the power, in renewing any lease, to reduce the minimum rentals hereinafter set out by not more than thirty-three and one-third percent, if severe drouth or economic conditions, in his judgment, require such reduction. All leases for grazing purposes entered into for any period beginning after the effective date of this act [section] shall carry a minimum annual rental per acre as follows:   
 
  Number of cows the land
   will carry per section                            Annual rental
    5 head and less                               3 cents per acre
    6 head                                        4 cents per acre
    7 head                                        5 cents per acre
    8 head                                        6 cents per acre
    9 head                                        7 cents per acre
   10 head                                        8 cents per acre
   11 head                                        9 cents per acre
   12 head                                       10 cents per acre
   13 head                                       11 cents per acre
   14 head                                       12 cents per acre
   15 head                                       13 cents per acre
   16 head                                       14 cents per acre
   17 head                                       15 cents per acre
   18 head                                       16 cents per acre
   19 head                                       17 cents per acre
   20 head                                       18 cents per acre
   21 head                                       19 cents per acre
   22 head                                       20 cents per acre
   23 head                                       21 cents per acre
   24 head and over                              22 cents per acre 

Any state grazing leases which, at the time of the passage and approval of this act [section], are subject to any civil action by the government of the United States or are subject to any supplemental agreement with the United States government in any land acquisition program by the United States in the establishment of military reservations within this state, shall not be subject to the minimum rates established by this act [section], but shall be at the rate established and ordered by the commissioner of public lands.