New Mexico Administrative Code

A person filing a notice with the department, pursuant to Subsection A of Section 7-12-12 NMSA 1978, shall include in the notice the following information: A. name and address of the person receiving the unstamped cigarettes in New Mexico; B. the quantity of unstamped cigarettes …

Department of Cultural Affairs, State Historic Preservation Division.

Each CLG shall enact a local preservation ordinance which shall contain, at a minimum, the following provisions for the designation and protection of cultural properties by CLGs in New Mexico: A. an authorizing statement citing Sections 3-22-1 through 3-22-5 NMSA 1978 of the Hist…

A. The minimum membership and procedural requirements for historic preservation review commissions for CLGs in New Mexico are detailed below. (1) The commission shall have at least five members, all of whom have a demonstrated positive interest, competence or knowledge in the pro…

A. In order to carry out the duties delegated to it, the CLG shall employ or have regular access by contract or letter of agreement to the equivalent of one professional who meets the professional qualification standards of the secretary of the interior's standards and guidelines…

CLGs shall establish a process for surveying the cultural properties within their jurisdiction. Where inventories of cultural properties have already been undertaken or are underway, a process for the continuation, maintenance and organization of these data shall be defined. A. A…

A. All meetings of the historic preservation review commission shall be publicly announced, open and accessible to the public, and have a previously available agenda. Public notice shall be provided prior to any special meetings. Minutes of all decisions and actions of the commis…

A. The CLG shall submit a report to the HPD regarding the eligibility of each cultural property or district proposed for nomination to the national register within its jurisdiction. This report shall include the recommendation of the historic preservation review commission and th…

A. In order to determine that the CLG is satisfactorily performing the responsibilities delegated to it by the HPD, the CLG shall submit an annual report of the activities of the commission. These reports shall include, but are not limited to, such items as number of cases review…

A. The chief elected local official of the appropriate local governing body shall request certification from the HPD. The request shall include:(1) a written assurance that the local government has fulfilled all of the requirements outlined above; (2) a copy of the local historic…

A. The HPD will conduct periodic review and monitoring of CLGs to assure that each CLG is meeting applicable standards and fulfilling its duties, including the responsibilities delegated to the CLG under the National Historic Preservation Act. The CLG procedures shall also be in …

A. Pursuant to the National Historic Preservation Act, 16 U.S.C. 470 c, a minimum of 10 percent of the state's annual appropriation from the historic preservation fund of the department of the interior will be designated for funding projects by CLGs as provided by congress. In an…

Applies to the historic preservation division, the cultural properties review committee, the United States secretary of the interior and local governments such as a city, county, village, town, municipality or any political subdivision of the state.

This regulation is created pursuant to the Cultural Properties Act, Section 18-6-8 NMSA 1978, which authorizes the state historic preservation officer to administer the Cultural Properties Act, including to serve as the administrative head of all the Cultural Properties Act's fun…

Permanent

January 1, 2008, unless a later date is cited at the end of a section.

Since its initial enactment in 1966 and through several amendments, the National Historic Preservation Act has provided the statutory framework for the national historic preservation partnership. Federal, state, tribal and local governments have well-defined and significant roles…

A. "Certified local government" or "CLG" means a local government whose local historic preservation program has been certified pursuant to the National Historic Preservation Act, 16 U.S.C. 470 a(c). B. "Cultural properties review committee" or "CPRC" means the committee appointed…

Pursuant to 36 CFR 61, the certified local government program is designed to promote the identification, evaluation, nomination and protection of cultural properties by establishing a partnership between the local government and the HPD which seeks to encourage and expand local i…

A. Any general purpose political subdivision of the state such as a city, village, county or town which meets the criteria set forth in this rule is eligible to apply for certification. B. The National Historic Preservation Act and the historic preservation fund grants manual con…

Office of Cultural Affairs, State Historic Preservation Division.

A. Methodology: (1) Excavation of human burials will be consistent with current professional archaeological standards. (2) Specific excavation methods may be stipulated by the permitting authority. B. Records: The following documents will be prepared whenever a burial is excavate…

A. Unmarked burials - Native American:(1) With an application for a one-time permit or a notification of activation of an annual permit, the applicant or permittee shall provide the following information to SHPO:(a) a description of the context of the burial (e.g., historic or pr…

A. SHPO notification: (1) The permittee will notify the SHPO within 45 days of completion of permitted excavations and will submit a recommended plan for the disposition of human remains to the SHPO for approval. (2) These recommendations will take into consideration any permit s…

A. Reporting requirements:(1) Within 12 months of the completion of fieldwork, all permittees are required to submit 2 copies of a final report on the excavations of a human burial or burial ground conducted under the permit to the SHPO. If, as a result of unforeseen circumstance…

The historic preservation division, the office of the medical investigator, the cultural properties review committee, persons who discover unmarked human burials, applicants for permits to excavate unmarked human burials and individuals holding such permits. Section 18-6-11.2 NMS…

Section 18-6-11.2 of the Cultural Properties Act NMSA 1978.

Permanent.

9/15/89, unless a later date is cited at the end of a section or paragraph. Reformatted to NMAC format effective 11/15/97.

The objective of Part 11 of Chapter 10 is to establish the procedures under which permits for the removal of unmarked human burials shall or may be issued and the requirements and stipulations for analysis, treatment and disposition of unmarked human burials.

A. "Committee" means the cultural properties review committee, as authorized and defined in Section 18-6-4, NMSA 1978, which consists of seven members as follows: (1) the state historian at the state records center and archives; (2) one person professionally recognized in the dis…

A. Excavation, removal, disturbance or destruction of an unmarked human burial or unmarked burial ground may be carried out only by authority of the state medical investigator or of the permitting authority. B. Any case of sudden, violent or untimely death, any death whose cause …

A. Permitting procedures - individual permits. (1) All applicants for a permit to exhume human burials shall meet the following requirements: (a) hold a graduate degree in archaeology, anthropology, or equivalent training acceptable to the permitting authority; or (b) be a member…

Office of Cultural Affairs, State Historic Preservation Division.

A. A long-term management plan shall include but not be limited to: (1) a site description and statement of significance. The national register nomination may be used; (2) a site map; (3) documentation of site ownership, including a copy of the deed and a statement regarding outs…

Whenever an entity proposes to spend public funds on any program or project that may require the use of or any portion of or any land from a significant prehistoric or historic site, that entity shall, at the earliest practicable stage in planning the program or project, make a d…

A. This section applies either when no prudent or feasible alternative is found which will avoid use of a significant prehistoric or historic site or sites, or when more than one alternative which will affect a significant prehistoric or historic site or sites is found. In either…

Either the SHPO or any other interested person may seek enforcement of the provisions of the New Mexico Prehistoric and Historic Sites Preservation Act by an action for injunction or other appropriate relief in a court of competent jurisdiction.

Applies to the state historic preservation division, the cultural properties review committee, state agencies and subdivisions of the state, and nonprofit corporations formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986, whose declared pur…

This regulation is created pursuant to Section 18-8-8 NMSA 1978, which requires the state historic preservation officer to issue regulations for the implementation of the New Mexico Prehistoric and Historic Sites Preservation Act.

Permanent.

9/15/89, unless a later date is cited at the end of a section or paragraph. Reformatted to NMAC format effective 11/15/97.

The purpose of this regulation is to establish procedures for the acquisition, stabilization, restoration or protection of significant prehistoric and historic sites by the state of New Mexico and corporations, to establish procedures and guidelines for determinations of the prud…

A. "Acquisition" is the acquisition of a fee simple interest or of a lesser interest by appropriate mechanism, including but not limited to easement or lease, in a significant prehistoric or historic site. B. "Stabilization" is the act or process of securing a historic property a…

A. The division and the committee shall cooperatively develop criteria for the acquisition, stabilization, restoration or protection of significant historic or prehistoric sites. Not less often than annually these criteria shall be reviewed and may be revised by the division and …

Not less often than annually the division shall make an announcement, by legal advertising in newspapers of general circulation and by other appropriate means, to all state agencies holding property, to all municipalities and counties in New Mexico and to 501(c)3 organizations wh…

Office of Cultural Affairs, State Historic Preservation Division.

The staff of the division and the committee shall review and award grants based on the following criteria: A. the demonstrated degree of physical damage or deterioration of the cultural property and demonstrable threats to the stability of the property; B. special status of the c…

When the division and the committee award a grant for restoration, interpretation, preservation, stabilization or protection of a cultural property, the grant shall be administered under the terms of a joint powers agreement (JPA) between the division and the state agency having …

The division and the committee shall not award grants from the fund for the purpose of reconstruction of cultural properties.