N.M. Stat. § 46-3A-412
Timber.
(a) To the extent that a trustee accounts for receipts from the sale of timber and
related products pursuant to this section, the trustee shall allocate the net receipts:
(1)
to income to the extent that the amount of timber removed from the land
does not exceed the rate of growth of the timber during the accounting periods in which
a beneficiary has a mandatory income interest;
(2)
to principal to the extent that the amount of timber removed from the land
exceeds the rate of growth of the timber or the net receipts are from the sale of standing
timber;
(3)
to or between income and principal if the net receipts are from the lease of
timberland or from a contract to cut timber from land owned by a trust, by determining
the amount of timber removed from the land under the lease or contract and applying
the rules in Paragraphs (1) and (2); or
(4)
to principal to the extent that advance payments, bonuses and other
payments are not allocated pursuant to Paragraph (1), (2) or (3).
(b) In determining net receipts to be allocated pursuant to Subsection (a), a trustee
shall deduct and transfer to principal a reasonable amount for depletion.
(c) The Uniform Principal and Income Act applies whether or not a decedent or
transferor was harvesting timber from the property before it became subject to the trust.
(d) If a trust owns an interest in timberland on the effective date of the Uniform
Principal and Income Act, the trustee may allocate net receipts from the sale of timber
and related products as provided in that act or in the manner used by the trustee before
the effective date of that act. If the trust acquires an interest in timberland after the
effective date of the Uniform Principal and Income Act, the trustee shall allocate net
receipts from the sale of timber and related products as provided in that act.