N.M. Admin. Code § 19.1.3.13 - GRANT AWARDS
A. A
conservation project involving acquisition of a conservation or agricultural
easement requires an appraisal that establishes the fair market value of the
conservation or agricultural easement and meets United States treasury
regulations and the uniform standards of professional appraisal practice before
the department will disburse the funds to the qualified entity.
B. In addition, for conservation projects
involving acquisition of a conservation or agricultural easement, the qualified
entity or partner conservation entity shall provide as specified by the
department documents including a title commitment; phase I environmental site
assessment and, if needed based on phase I environmental site assessment, a
phase II environmental site assessment; a title opinion certifying that the
landowner owns the minerals rights or a report, satisfactory to the department,
from a professional geologist that the probability of surface mining occurring
on such property is so remote as to be negligible; and if deemed necessary by
the department, a property boundary survey. If the landowner owns the mineral
rights, an easement shall prohibit subsequent sale or development of mineral
rights by the landowner granting the conservation or agricultural easement. A
baseline documentation report of the property shall be recorded with the deed
of conservation easement or agricultural easement in the office of the
applicable county clerk.
C.
Agricultural and conservation easements shall contain a provision that if a
qualified entity, other than the department, or a partner conservation entity
fails to enforce the easement as determined by a court or if either the
qualified entity or conservation entity cease to exist, that the easement will
go to another qualified entity or partner conservation entity as specified in
the easement and agreed to by that qualified entity, or otherwise the easement
shall become vested in the department as recommended by the department and
other extant easement right holders. Any qualified entity's interest in an
easement shall only go to another governmental entity. The department shall
have the option to provide similar rights of enforcement or possession to other
governmental entities (e.g., federal partners) where such
partners have similar rules, regulations or requirements and demonstrated
capacity to manage or enforce easements.
D. Grant awards may be approved for use to
pay transactional costs for easement projects such as appraisals, title
insurance, title opinions, surveys or environmental reviews up to three percent
of the total value of the conservation project funded or 10 percent of the
amount of the grant, whichever is less. The committee and the department may
consider and approve grant requests for paying only transaction costs for
easement projects, subject to the grant being for up to three percent of the
total value of the conservation project or $45,000, whichever is
less.
E. Overhead and administrative
expenses used as in-kind contributions may be no more than 10 percent of the
total cost of a project.
F. A
qualified entity or conservation entity may use contractors or subcontractors
so long as their use is explained in the application, all applicable
procurement requirements are met and the contractors or subcontractors are
identified by name in the application, to the extent known. If contractors or
subcontractors are identified in the application, the qualified entity or
entities shall include documentation in the application that demonstrates all
applicable procurement requirements were met. The qualified entity or entities
associated with an approved project shall be wholly responsible for the project
execution and performance, whether or not contractors or subcontractors are
used. Use of contractors or subcontractors not identified in an application
shall require the department's prior written approval.
G. Prior to commencing any work, any
contractors or subcontractors may be required to furnish state certification
from insurers for coverage in the minimum amounts as designated by the state.
Appropriate coverage shall be maintained in full force and effect during the
term of the project and shall not serve to limit any liabilities or any other
contractor obligations. The state and the department must be added as
additional insured as required by statute, agreement or other
obligation.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.